THE taxpayer was put to unnecessary expense by a man who claimed hackers had put child sex abuse images on his devices.
But Aaron McHugh had the good sense to retract his not guilty pleas and admit his guilt, before being sentenced at Liverpool Crown Court on Monday.
Cheshire Police received information in April last year that an ‘xmaker2014’ Gmail address had uploaded suspected indecent images of children to a Dropbox account, explained Alaric Walmsley, prosecuting.
This email address was attributed to McHugh, who was arrested on April 6 by officers who searched his home.
They came across an iPhone and a laptop, with both submitted for a forensic analysis.
Following the search of his home, the defendant was interviewed by officers in the presence of his mother and a solicitor.
Here, he read from a prepared statement which declared that he had no knowledge of the images, and that he would be answering ‘no comment’ to all other questions, which he did.
Following an examination, authorities confirmed that incident material of children was found on both electronic devices.
In total, there were 39 images of children being sexually abused, 10 of which were graded in category A – the most severe category involving child rape – while 20 were category B and nine were category C.
On the iPhone, experts found three images at category C level in a Snapchat folder, but the court heard that these were inaccessible without sophisticated software.
More images were found in the cache of a Discord app, which were again inaccessible, but referenced sexual activity involving a 13-year-old child.
The court heard how the dates involved in possessing the material spanned back to May 2016, when now-21-year-old McHugh was aged just 15.
Following the examination, the defendant was interviewed again on December 11 last year, where he ‘exercised his right to remain silent’.
But he was subsequently charged with three counts of making indecent images of children by downloading them and one of possessing a prohibited image of a child.
He initially denied the offences before Warrington Magistrates’ Court and the case was sent to the crown court for trial, after he claimed that his devices had been ‘hacked’.
A trial date was set for February next year, but in August he changed his pleas to guilty on all counts.
Mr Walmsley revealed that McHugh has no previous convictions, cautions or warnings on his record.
In mitigation, defence barrister Carmel Wilde said: “This is a young man who has never been before the court before.
“The offences were committed between the ages of 15 and 20, against a backdrop of being mentally abused by his stepfather.
“He was associating with the wrong crowd and was the victim of bullying throughout secondary school. He was in a wrong place, a dark place.”
It was said that with this ‘wrong crowd’, he was abusing nitrous oxide in balloons and cannabis ‘laced with goodness knows what’.
She said that her client is working in a bar in Warrington and needs to address the underlying issues in his offending, which he would be willing to do through a court order.
Before sentencing, judge Ian Harris said: “The offences are serious as, without members of the public willing to make images and distribute them, there would be no market for the indefensible abuse of children.
“Without people like you, there would be no market for this toxic trade. On a daily basis, children are being abused to feed businesses trading in this dreadful abuse.”
Judge Harris accepted ‘no doubt’ that the defendant’s background ‘had an impact on his offending behaviour’.
“The case crosses the custody threshold, but given the mitigation, I believe in trying to assist you in staying out of trouble instead of sending you to custody,” he added.
McHugh, of Robson Grove in Fairfield, was handed a two-year community order, including 20 rehabilitation activity requirement days, the Building Choices programme and 150 hours of unpaid work.
He was also told he must sign the sex offender register and abide by the terms of a sexual harm prevention order, both for the next five years.
In addition, orders were approved to deprive the defendant of his laptop and iPhone.
On McHugh’s initial denial of the offences, Judge Harris commented: “You initially pleaded not guilty and claimed that your computer had been hacked.
“You put the prosecution to unnecessary expense because of your failure to admit these matters in the lower court, so there will be a costs order.”
Despite an application by the prosecution for court costs in excess of £1,000, the defendant was ordered to repay £500.
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