A Lhanbryde man who had videos of animal pornography on his mobile phone said he only had them because it was “banter” in a WhatsApp group chat.
Josh Clark’s home was raided in July 2023 by police who seized an iPhone within his bedroom.
On it were three videos of humans having sex with animals.
At Elgin Sheriff Court on Thursday, when he appeared for sentencing, the court was told the 30-year-old’s device automatically downloaded the content between 2018 and the date he was raided because he was part of a WhatsApp group that thought the videos were “banter”.
‘It’s a matter of enormous embarrassment’
Clark, of St Brydes Court, had earlier pleaded guilty to possessing the videos on the day of his trial last month and sentence was deferred to yesterday for background reports on his circumstances.
At this sentencing, defence solicitor Stephen Carty explained how his client came to have the porn and said he had no idea they were illegal.
“Somebody else posted these videos onto the group,” he said.
“My submission, my lord, is that we have a situation where there was generally banter going on. These videos are placed on there by another individual. It’s a matter of enormous embarrassment to him.
“At the time, he indicated to me he had no idea this was actually illegal.
“The whole situation has had quite a significant effect on Mr Clark. Certainly, in dealings with my firm, he’s always been extremely anxious regarding this case and extremely upset.”
He added that the conviction has been a “significant and serious lesson” for Clark.
Sentence deferred for good behaviour
Presiding over the case, Sheriff David Harvie said he was satisfied Clark had not sought to download illegal porn on purpose.
He said: “You appear before the court as a first offender and there is nothing in the material before me to suggest that this is material that you have downloaded other than being sent.
“In all the circumstances, I’m prepared to deal with this by way of a structure of deferred sentence.”
His ruling, to defer sentence, will mean Clark must endeavour to be of good character and behaviour for the next six months before returning to court once more.