By Paul Higgins
A high risk sex offender, recently jailed for having thousands of indecent images of children, has been handed an extra prison sentence for further, similar offences.
Two weeks ago Gary Steven Smith was handed a two year sentence, to be served equally between jail and supervised licence conditions, after the 38-year-old deviant entered guilty pleas to having more than 8,000 videos and images of children, including some less then a year old, being raped and sexually abused.
At Craigavon Crown Court on Friday, Judge Patrick McGurgan told Smith if the 11 other charges had been before him at that time, he would have imposed a two and a half year sentence.
In order to make up the difference the judge imposed a six month sentence, ordering it to be served consecutively.
Smith, currently residing at HMP Maghaberry but with an address on the Damhead Road in Moira, had entered guilty pleas to 11 counts of making and possessing indecent images of children as well as three counts of having extreme pornography, between 1 May 2014 and 29 May 2023.
Opening the facts of the latest offending, Judge McGurgan outlined that during routine checks police seized a phone from Smith and when it was examined, officers uncovered hundreds of indecent images, both moving and still.
Reminding the court of the guidelines relating to indecent images, the judge told the court Smith was found to have 264 category A images and videos, 292 in category B, 233 in category C as well as 27 “extreme” pornographic images.
Category A imagery depicts children involved in penetrative sexual activity, including rape, or in circumstances involving sadomasochism or bestiality, category B relates to non-penetrative sexual acts while C incorporates any image not covered by categories A and B.
Judge McGurgan said while this case related to just over 822 images and movie files, when Smith was last before him, in the same dock, the 38-year-old was sentenced in relation to almost ten times that amount.
Again, it was during as routine check that police seized a mobile phone from Smith and when specialised officers from the PSNI cyber crime unit trawled through it, they uncovered 8,142 photographs and videos.
Sickeningly, the court heard that in amongst the haul cops found 127 videos of children under one being raped by adult men and Judge McGurgan added that “the victims are mostly prepubescent and in some instances, they are babies.”
In that case Smith was handed a two year sentence and on Friday, Judge McGurgan repeated his comments that anyone who seeks out, saves or downloads mages of children being abused, bear a responsibility for creating a demand and a market for the material.
Quoting from often used guidance, the judge outlined: “For every photograph, it is trite to say there is an abused child, for many of the persons who appear before the court they seem to self-excuse on the basis that the abuse has already taken place.
“The photograph has been taken and, therefore, it is an event passed. This, of course, is distorted thinking. By virtue of involvement in this trade it ensures that abuse will continue, and such materials exist because there is a market for it. That is why severe and deterrent sentences are required in this area for these offences.”
Turning to the various reports obtained in the case, the judge revealed how Smith had claimed to a probation officer that he “had no sexual attraction to children,” that he was attracted to adult females and that in any event, he had been suffering from erectile dysfunction since 2020.
Judge McGurgan said it was clear from his criminal record however that despite his claims, Smith had been caught masturbating in a car, in September 2018, in an area where four children were present.
There was another entry on Smith’s record, arising from an incident in January 2019 when Smith was spotted masturbating in a car, parked on a road which was a frequent route to a school.
It was a matter of aggravation those offences had been committed while Smith was either on bail or on probation and after he had completed a sex offenders rehabilitative programme.
He told Smith if all of the images offences had been dealt with by him last month, he would have imposed a two and a half year sentence so accordingly, he ordered the six month sentence to be added on.
ENDS
