A MAN from Llandrindod Wells caught with images of child sex abuse at his home by police was spared jail by a crown court judge on Wednesday.
Anthony Millard, 21, who is now of Dol y Dderwen, Ystradgynlais, was sentenced to six months – suspended for 18 months – at Merthyr Tydfil Crown Court for three counts of making indecent images.
Prosecutor Craig Jones told the court that on January 11, 2023, police entered Millard’s home and found him in bed upstairs with an iPhone 7 charging next to him.
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He voluntarily gave police the code and an initial assessment of the phone found images with a forensic examination carried out afterward.
Police found seven Category A images, three Category B and three Category C which were a mixture of still and moving images and also accessible and inaccessible.
However, Mr Jones added that one of the C images was of a child between the ages of two and four.
Judge Richard Kember also told the court that guidelines meant that he had to treat Millard as being in possession of the images, which meant an uplift in his sentence.
Mr Jones also said the defendant did not plead guilty at the earliest opportunity but was eligible for 25 per cent credit.
Mr Jones added that the phone's history showed websites that displayed images of child sexual abuse but Judge Kember replied to say that as they were not on the charges, he would not be counting on them.
In mitigation, the defence barrister Alycia Carpanini told the court that much of her client’s offending occurred when he was a youth, around 2015 though earlier Mr Jones has said that period of downloading the images was narrower to around 2021.
Judge Kember agreed that much of Millard’s offending was when he was a youth and said he would adjust his sentence accordingly.
Ms Carpanini also said that her client had shown ‘genuine remorse’ for his actions and understood ‘that the children in the images were real people’.
He also had learning needs with a diagnosis of Aspergers meaning his rehabilitation would have to take place in an individual setting and not in groups.
Sentencing him, Judge Kember said: “The descriptions of the images that I have seen indicate that one of the Category C images showed a child of three-four years of age.
“Though other material was found on the phone, they were not included in the charges and do not take them into account.
“Though the offending goes back to 2015, the prosecution days it is likely they were downloaded in a much narrower period and as late as 2022.
“Some of the images would have been downloaded when you were a youth and I give you more credit for that.
“There are several mitigating factors for you – you were a youth for much of the offending and I have to consider your age and lack of maturity.
“You also have a diagnosis of Aspergers and I’ve read your character references which all speak highly of you.
“You are also remorseful and you understand the impact on these children.”
Millard was already the subject of a five-year sexual harm prevention order but was ordered to sign the Sex Offenders’ Register for seven years and will complete 40 rehabilitation activity days.
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