COURT REDUCES CHILD'S PORN COLLECTOR'S SENTENCE AMID OUTRAGE
SEXUAL abuse campaigners reacted angrily yesterday after a man convicted of collecting thousands of child pornography images had his sentence reduced on appeal.James McGaffney, a university computer technician, was told by the sheriff at his original trial that his actions were ''simply disgusting''.
However, judges at the Court of Criminal Appeal in Edinburgh said yesterday Sheriff Colin Miller failed to take account of the effect the conviction would have on his life.
McGaffney, 36, lost his job at Paisley University and had to move from his home in Prestwick, Ayrshire, after his crimes became known.
Lord Macfadyen, sitting with Lord McEwan, said McGaffney should have been given a lesser sentence for pleading guilty to the computer child pornography charges.
McGaffney was originally sentenced to 27 months, but jail terms totalling 18 months were substituted when his appeal was allowed.
He will also have to serve a two-year extension period under supervision.
A spokeswoman for Children 1st, a charity that campaigns for the rights of children, said: ''The impact of being found guilty of this crime cannot compare to the impact of being abused.
Children and parents have got to be given the message that, in sentencing, child protection is paramount.'' Fiona Leggat, chair of the Moira Anderson Foundation, which supports victims of child sexual abuse, said she was ''appalled'' by the judgment.
''Internet pornography is a very serious crime which involves many victims, sometimes nameless ones,'' she added.
''For this man to have his sentence reduced on appeal, on the grounds that his life has been ruined, is very wrong.
What about the life of his victims?
Once again, the legal system has been exposed as one that works against the victim and for the abuser.'' McGaffney was found to have almost 7000 indecent images stored on a computer after police called at his home on January 30 last year.
The computer support technician became a suspect as his credit card details had been supplied to a US website for the purchase of child pornography.
McGaffney admitted to police he had downloaded indecent images of children from websites and had more recently acquired moving images of children being abused.
He admitted carrying out these activities over three or four years.
He also said he had the computer capacity to make images available to others by allowing them access to his website.
He added that although images were traded in this way, no money changed hands.
At the original Ayr Sheriff Court trial McGaffney admitted making and distributing indecent photos of children.
But he appealed against the sentence imposed, claiming it was excessive.
Chris Shead, defence counsel, argued the sheriff had put too much weight on the gravity of the offences and the sheriff misdirected himself by failing to draw a distinction between the exchange or barter of images and the more serious trading in them for money.
Mr Shead said Sheriff Miller also erred by not taking into account the impact of the offending on McGaffney's life, in terms of the loss of his job, his good name and his home.
