HM Advocate v Graham

 

Summary

This considers offences relating to indecent images of children.  

 

Nature of the case

This case is about the correct sentencing levels for those convicted of making and distributing indecent images of children.

 

Facts

On 14 August 2009, David WilliamGraham pled guilty to five charges involving sexual offences against children, including two charges of making and distributing indecent images of children.

A total of 127,269 indecent images were recovered from his computers, of which 80,205 were unique. Of those, 79,011 were still images and 1,194 were moving image files.

In excess of 10,000 images were of the two most serious categories for such images. Mr Graham classified and stored the images in various files on his computers and traded images with others.

 

Issue

The issue in this case was whether the original sentence given for making and distributing such images (six months imprisonment, discounted from nine) was too short. This case also provides guidance about the correct sentencing levels in similar cases. 

 

Decision

In this case, the High Court decided that:

 

HM Advocate v Graham