Sentence stands for indecent images man
A SOUTH Kyme man who shared sickening images of children online has been told by top judges he cannot complain about his jail term.
Martyn Levy was locked up for 16 months at Southwark Crown Court in April after he admitted distributing and making indecent images of children and processing an extreme pornographic image featuring adults.
The 50-year-old, of Low Road, challenged his sentence at London's Criminal Appeal Court, with his lawyers arguing he should not have been sent to prison for his crimes. But his appeal was dismissed by three of the country's most senior judges, who said custody was appropriate and the term was "not excessive" in all the circumstances.
Levy was arrested in July 2011 after police intelligence revealed he had allowed other people access to files containing indecent images of children through file-sharing software. The court heard the images were of differing levels of seriousness.
Levy's lawyers argued he should have been given a suspended sentence, as he was not directly supplying the images to people, but simply enabled access to them.
They also said the term handed to him was over the top in light of his strong personal mitigation – including the fact he had no previous convictions and had suffered anxiety as a result of delays in his prosecution.
But, dismissing his appeal, Mr Justice Dingemans said the crown court judge was 'entitled' to impose an immediate jail term and that he took all relevant factors into consideration when setting its length.
Sitting with Lord Justice Laws and Mr Justice MacDuff, he added: "It is the distribution of these indecent photographs of children, whether by permissive file-sharing or direct supply, that is the real vice. We consider that the judge was entitled to impose the sentence of immediate custody that he imposed."