Jail for man found with indecent images of babies and toddlers
A 61-year-old man found with indecent images of babies using potties has been jailed for 16 months.
David Bruce admitted the offences when he appeared via video-link from Grampian prison at Lerwick Sheriff Court on Wednesday.
Bruce had previously been locked up for downloading almost 50,000 images, some of which showed sadistic sexual abuse of babies.
He had been out of prison barely three months when officers paid him a visit and caught him with indecent images again.
Members of the sex offender policing unit turned up at his home in Norgaet, Lerwick, on 18th October last year for an unannounced monitoring visit.
Procurator fiscal Duncan MacKenzie said officers noticed Bruce shutting his bedroom door as he escorted them into his flat.
“He was clearly very uneasy and nervous,” Mr MacKenzie said.
As part of their routine questioning, Bruce was asked to provide his phone for examination.
Accompanied by one of the officers, he entered his bedroom and collected his phone from his bed, the court heard.
Mr MacKenzie said a video was playing on the phone, which disappeared when he handed it to the officer.
“When he was asked what the content of the video was his uneasiness and nervousness increased,” the fiscal added.
One officer attempted to retrieve the video and found several tabs were open indicating he had been watching pornography.
When asked what type of pornography he had been looking at, Bruce was reported to have replied: “Families and stuff like that”.
Officers asked him which of the family members he was interested in, adults or children, to which Bruce replied that he wanted to “look at all of them”.
Further examination of the phone revealed he had used search terms including “naked little girls’ bums”.
His phone was seized and subjected to full cybercrime analysis.
It revealed 127 accessible indecent images and 92 inaccessible – all of which were of the least serious category C.
Mr MacKenzie said they all featured “naked or partially clothed children in various situations”.
“There were images of babies and toddlers using potties and in the bath,” he said.
“Some of the children appeared to be as young as 18-months.”
Defence agent Tommy Allan admitted there was little he could say in his client’s defence.
Mr Allan said Bruce was a “bit of a loner” and his main social contact was looking after his elderly mother.
“Sometimes, late at night, it’s difficult for him to resist the temptation of exploring what’s available on his phone,” he said.
“But he’s very much aware of the potential consequences from that type of activity.”
Mr Allan acknowledged a custodial sentence would be “at the forefront of your lordship’s mind” but asked him to take into account the timing of his guilty plea.
He also highlighted the likely impact of a further jail sentence on his mother.
Sheriff Ian Cruickshank said that the category of images found on Bruce’s phone would not necessarily lead to a custodial sentence.
But given the previous conviction – and the fact he had only been released from prison three months before the latest offences – he had no option but impost a custodial sentence.
Bruce must also comply with sec offender notification requirements for 10 years.