Two-year sentence for possessing child pornography

A magistrate sentenced Trevorne Daley to two years’ imprisonment this week for possessing child pornography.

Daley, 26, previously pleaded guilty to a number of charges that involved 100 videos, found on his cellphone, laptop and iPhone.

Crown counsel Eleanor Fargin said police received a report in April 2016 from a woman who had seen a conversation on her pre-teen son’s phone with someone named Trevorne. Her son told her Trevorne was a man who liked him.

The mother called the number and asked about the conversation. Daley said it must have been his nephew, also named Trevorne. She checked further and then went to police. Officers arrested Daley at his workplace in May and took custody of his phone and other electronic equipment.

Ms. Fargin said the phone message to the boy was part of the process known as “grooming,” but there is no such offense in Cayman. However, in checking the contents of Daley’s communication devices, the officers found the illegal material.

Ms. Fargin described the contents of the video that was the subject of the first charge. The video featured a child between the ages of 3 and 5. Ms. Fargin explained that the contents were Category A in terms of the explicit activity seen. A is the most serious, followed by B and C, she said.

The videos Daley admitted possession of included 20 Category A, 55 Category B, and 25 Category C. He also admitted possessing two still images in Category B.

The ages of the children in the various videos were an aggravating feature, Ms. Fargin advised. The maximum sentence in Cayman is 15 years, she noted.

Attorney Keva Reid spoke in mitigation for Daley. A foreign national on a work permit, Daley had been in Cayman for five years and had no previous convictions. He was remorseful and ashamed to be before the court, Ms. Reid said.

She described Daley as appearing naive and not knowing that possession of the material was so serious. The magistrate said he had read the defendant’s social inquiry report, his psychological and psychiatric reports. He said Daley had been open with the professionals in describing the abuse he had suffered. He did not accept that Daley was naive – he knew what sexual abuse was.

The magistrate said child pornography is, in fact, child torture, child abuse and child exploitation, with the root of such pornography being the sexual abuse of children – creating a record that is then shared with others. “If the court can reduce the market, the court may reduce the abuse of children,” he said.

The quantity of videos and the ages of the children raised the starting point to three years. With a one-third credit for the guilty pleas, the final sentence was two years. Daley will receive credit for time in custody.

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