ANTHONY CLARK FROM CARSE OF GOWRIE ESCAPES JAIL IN CHILD PORNOGRAPHY CASE

In a significant legal development, Anthony Clark, a resident of Cairnie Road, St Madoes, in the Carse of Gowrie, has seen his previously imposed prison sentence for serious charges related to child exploitation reduced to probation following an appeal. Clark, aged 62, was initially convicted in March at Perth Sheriff Court, where Sheriff Robert McCreadie sentenced him to one year in prison after he admitted to possessing over 13,000 images of child pornography and engaging in illegal sexual activity with a teenage girl.

Clark's criminal activities came to light after a teenage girl confided in a third party that he had been taking photographs of her while she was in her underwear. This revelation prompted police officers to act swiftly, obtaining search warrants for Clark’s residence and business premises. During the search, officers seized several of Clark’s computers, which contained a substantial amount of illegal material. Clark admitted to taking the photographs in question, and the authorities recovered a total of 13,155 images of child pornography from his devices.

The images were predominantly at the lowest level of seriousness, with over 100 classified as more graphic, and approximately 30 categorized as level four on the Copine scale, just one level below the most severe classification. The case also involved allegations of illegal sexual activity with a teenage girl, which Clark admitted to during proceedings.

Initially, Sheriff McCreadie sentenced Clark to a year’s imprisonment, emphasizing that Clark had breached the trust of his victim and highlighting that child pornography is a crime that causes real harm to victims. The sheriff ordered Clark to be placed on licence for three years after his release and registered him as a sex offender for ten years. The judge pointed out that the use of child pornography was far from victimless and underscored the seriousness of such offenses.

However, Clark’s legal team challenged the severity of this sentence. The appeal was heard by Lord Reed, who reviewed the case and expressed the view that Sheriff McCreadie’s sentence was excessively harsh given the circumstances. Lord Reed noted that Clark was a first-time offender with no prior criminal record and that the activity involved was limited in scope.

In his judgment, Lord Reed stated, “The appellant was a first offender of previous good character.” He further explained that the original sentence of 12 months’ imprisonment, which had been reduced from a potential 16 months, was disproportionate considering the nature of the activity involved.

Regarding the second charge, which involved possession of child pornography, Lord Reed highlighted that the material was predominantly at the lowest level, with no images involving moving pictures, distribution, or commercial aspects. Based on the social inquiry report and the Tay Project report, the court concluded that a community-based sentence would be more appropriate. Consequently, the court ordered that Clark serve a three-year probation period, subject to specific conditions, rather than imprisonment.

This case underscores the complexities involved in sentencing for child exploitation crimes and highlights the importance of considering individual circumstances, especially for first-time offenders. Clark’s case remains a stark reminder of the ongoing battle against child pornography and the need for vigilant law enforcement and judicial review.