A student who had 55 indecent images of children on his computer had himself been the victim of online grooming, a court has been told.
Alexander Hall avoided being sent to prison after he appeared for sentence at Kirkwall Sheriff Court.
The court heard the 19-year-old felt relieved after police arrived at his Orkney home as that had ended his grooming ordeal.
Hall previously admitted on indictment possessing the indecent images at the property in Evie on December 9, 2020.
The computer had a Dropbox file named ‘Five-Year-Old’ but cybercrime experts found no evidence that it had been viewed after it was downloaded.
Nine images were classed as Category A; five as Category B; and 41 as Category C.
Groomed from the age of 14
Solicitor Gary McAteer said Hall was 14 when he struck up an online friendship with a man.
“After a period of grooming him, he (Alexander Hall) eventually made the mistake of agreeing to upload an image of himself – it was a compromising image,” said the agent.
Mr McAteer said the tone of the communications thereafter changed and the man used this and other images as ‘leverage’ against the boy.
The man downloaded the file of indecent images in March 2020 without the latter’s consent but with the requirement that he did not delete the file.
Mr McAteer said Hall was aware of the file on his computer but there is no evidence that he ever viewed the images contained in it.
“Ultimately it does appear that he was the victim of online grooming,” said Mr McAteer.
“Due to other circumstances, other family pressures, he couldn’t identify a way out of this rather infernal scenario where he was manipulated online.
“He couldn’t bring himself to tell his family and friends that he had made a mistake in the first instance of uploading images of himself after being required to do so.”
He told social workers he felt a sense of relief when police appeared at the door.
“On one view, he had been caught and was in trouble,” said Mr McAteer.
“On another view, he knew that the plight he was in was at the end as the decision-making had been taken away from him.
“To that extent, it was a blessing that the police arrived when they did as he just couldn’t identify a way out of it.”
‘Ashamed and humiliated’
Mr McAteer said Hall, a first offender, has a very supportive family. His father is the local headmaster and the family is well respected in the area.
There is, he said, a grave danger of his client being stigmatised, particularly as he comes from such a small community.
The conviction and his registration as a sex offender could also impact his career.
Mr McAteer said: “He’s had to face up to something that he was very ashamed and humiliated about.
“He’s learned a lot from that and after today’s date he is able to explain to his family and friends what went wrong and just what happened.”
He added: “Your lordship will appreciate the dangers online and how it can and does impact on young people.
“The message the court will take on is that this type of thing could happen to almost anyone of his age and inexperience.
“This is perhaps not a case that is going to be unusual in the future – I suspect there will be many more of them.”
‘You did have a way out’
Hall has been assessed as at low risk of re-offending, had co-operated with the authorities and admitted his guilt at the earliest opportunity.
Sheriff Robert McDonald told Hall: “I trust you realise how serious this matter is and the position that you find yourself in.
“There are a number of mitigating circumstances, taken into account your age and to some extent that you have been the victim of someone else’s conduct.”
“However, you did have a way out and that was to go to the police immediately as you should have known these images on your computer was a serious matter.”
The sheriff said such cases normally attract prison stints.
He ordered Hall – who is now a student in Edinburgh – to carry out a community payback order which includes a two-year period when he will be under the supervision of a social worker.
He also has to carry out 100 hours of unpaid work in the community over the next year.
Hall has also to be registered on the Sexual Offenders Register for two years.
