Phone porn sentence u-turn

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A TAXI driver who ended up with a criminal conviction after his mate sent a film of animal porn to his mobile phone has won his fight against a 100-hour unpaid work order.

Brian Anthony Sharples, 39, of St Anne’s Court, Shevington, “did nothing to solicit” the illegal movie and tried to delete it from his phone, but his lack of technological know-how let him down, a London hearing was told.

Having thought he was rid of the illegal bestiality image, he went on to download music to his PC from his phone - along with the extreme porn film.

The image was discovered by police in May last year and he was arrested and his computer seized.

He pleaded guilty to possession of an extreme pornographic image at Liverpool Crown Court in August.

He did so on the basis that he never wanted the film, had tried to delete it and had no idea it was on his computer.

He was handed a community order with 100 hours’ unpaid work to complete.

This week Lord Justice Davis, Mr Justice Keith and Judge Brian Barker QC, sitting at London’s Criminal Appeal Court, quashed that sentence and gave him a conditional discharge for six months.

The court heard that the sentencing judge had accepted that he had not solicited the image, but had been “sceptical” about his explanation that he had thought it was erased, despite his accepted basis of plea.

Allowing his appeal against the sentence, Mr Justice Keith said: “We don’t think there was any real basis for the judge to have doubted his answer that he thought he had deleted the film.”