Man accidentally downloaded indecent images of children, court hears

Norwich Crown Court.

Massimillano Damiano has been sentenced at Norwich Crown Court after admitting an indecent images offence. - Credit: Archant

A man who had been searching for adult sexual content online inadvertently downloaded indecent images of children, a court heard.

Massimillano Damiano, 44, was found to have a video of indecent images on a device belonging to him.

Norwich Crown Court heard Damiano, of Gloucester Street, Norwich, had a single video containing illegal content.

Nicola May, prosecuting, said the video could have been deleted "at any point" but it was there for four days.

Damiano initially denied the offence, committed in November 2019, but appeared at court to be sentenced on Monday (December 6) having since pleaded guilty to making indecent images of a child.

The court was told the defendant "denies a sexual interest in children".

Oliver Haswell, mitigating, said Damiano pleaded guilty because the offence does not require the defendant to obtain sexual gratification, merely to download the material.

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Mr Haswell insisted Damiano never intended to look for or target this type of material.

But he had come to the realisation his conduct contravened the law as he continued to run searches for lawful material knowing that there was a chance he might download illegal material in the process.

Damiano said it was not something he intended to find and did so inadvertently.

Mr Haswell said these were not contact offences where the defendant had any contact with any victims.

He said the defendant, who spoke through an Italian interpreter, has voiced his "disgust" at this sort of behaviour and went as far as to "detail the kind of retribution that is meted out to such individuals in his own country".

Mr Haswell added that the defendant has had this "hanging over his head for a number of years now".

Damiano was sentenced to a 24-month community order by Judge Maureen Bacon who accepted the defendant should be sentenced upon his basis of plea.

The defendant was also made the subject of a five-year sexual harm prevention officer (SHPO).

He must also sign on the sex offenders register for five years.