Feeds

How extreme is your pr0n? Depends on your lawyer

Beware bluetooth bearing gifs

Boost IT visibility and business value

Analysis In matters of extreme porn, the message of recent cases seems to be that whether you get off increasingly depends on how familiar your legal team are with a law still in its courtroom infancy.

In Mold, Mr Andrew Robert Holland, of Coedpoeth, Wrexham, Clwyd, was originally charged on two counts of possessing extreme porn. The first charge, that he had images of "tiger porn" involving a woman and a tiger, were thrown out in January when police suddenly discovered the volume switch on their PC – and the prosecution withdrew the charge. The second case followed a more tortuous route, with Holland first advised to plead guilty by a local barrister.

Then, following advice from lawyers more expert in this new law, he "vacated his plea", and turned up in court a couple of weeks ago ready to defend himself. At this point, the CPS decided to offer no evidence and again the case was dismissed. We have asked Mold police if it is possible to see copies of the second clip, in order to advise readers on what is now considered non-pornographic. So far we have received no response.

Holland’s defence was always that the clip was not solicited, had been sent to him by friends as a joke, and was disgusting - but, as far as he was concerned, in no way sexual. We understand, from sources close to the case, that it may have involved some form of male genital mutilation.

According to experts, it appears likely that the clip may have been an extreme variant of that genre now typified by more mainstream movies such as Jackass: intended to shock and disturb – but not actually pornographic.

Unfortunately, that may not be how the courts see it. On Friday, August 13, Ashley Thomas Johnstone, 20, of Lansdowne Grove, Wigston, Leicestershire, was sentenced to 32 weeks' detention, suspended for two years, and ordered to do 150 hours of unpaid work in respect of two charges: supplying cannabis, and possession of a clip described as extreme porn.

Victoria Rose, prosecuting, told Leicester Crown Court that the clip was of men mutilating themselves.

Mr Johnstone had received it by Bluetooth. In mitigation, Ronald Birkett told the court: "Someone sent it to him. He looked at the first 30 seconds and switched it off in shock and forgot to delete it."

Sound familiar?

This follows an almost carbon copy case from Sunderland in July, in which a man caught with a short video clip on his phone showing a man's genitals being mutilated was found guilty of possessing extreme porn. He had not solicited the clip: it had been sent to him as a joke.

But as far as the courts were concerned, even his defence had difficulty in understanding why he possessed the clip. According to Defence solicitor Geoff Pearson: "I can't imagine why you would want to watch this, unless you were the particular type of person that found some gratification in it.”

Build a business case: developing custom apps

More from The Register

next story
The police are WRONG: Watching YouTube videos is NOT illegal
And our man Corfield is pretty bloody cross about it
China hopes home-grown OS will oust Microsoft
Doesn't much like Apple or Google, either
UK government accused of hiding TRUTH about Universal Credit fiasco
'Reset rating keeps secrets on one-dole-to-rule-them-all plan', say MPs
Fast And Furious 6 cammer thrown in slammer for nearly three years
Man jailed for dodgy cinema recording of Hollywood movie
Caught red-handed: UK cops, PCSOs, specials behaving badly… on social media
No Mr Fuzz, don't ask a crime victim to be your pal on Facebook
e-Borders fiasco: Brits stung for £224m after US IT giant sues UK govt
Defeat to Raytheon branded 'catastrophic result'
Don't even THINK about copyright violation, says Indian state
Pre-emptive arrest for pirates in Karnataka
Yes, but what are your plans if a DRAGON attacks?
Local UK gov outs most ridiculous FoI requests...
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
5 things you didn’t know about cloud backup
IT departments are embracing cloud backup, but there’s a lot you need to know before choosing a service provider. Learn all the critical things you need to know.
Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?