Man avoids jail for having child abuse images (From The Wiltshire Gazette and Herald)

Police called when sex images found on dental patient's phone

4:00pm Friday 29th June 2012 in Pewsey

A dental receptionist found shocking images of child sex images on a patient’s mobile phone, a court heard.

The staff member was looking for the owner’s number after he forgot his phone when she uncovered the pictures, Salisbury Magistrates’ Court heard on June 20.

She called police, who arrested Damien Toole, 46, of Goddard Avenue, Pewsey.

He admitted sample charges including ten of making indecent photographs or pseudo photographs of children, one of possessing an indecent photograph/pseudo photograph of a child; possessing one extreme pornographic image of bestiality involving a woman; and possession of the Class B drug cannabis.

Toole, who was described in court as a man of low esteem and a loner, was given a three-year community order with a requirement to attend an accredited sex offenders rehabilitation programme. He was ordered to sign on the sex offenders’ register for five years.

Bench chairman Paul Read told Toole, whose elderly parents sat through the hearing, said: “These are very serious charges. We accept that when you committed these offences you were coming from a very naive standpoint.

“You are now aware of the harm that these images cause. They (the children in the photographs) may be a long way away but they are still children.

“You have come very close to going to prison today for these offences and you must understand that. Prison would punish you, but it would not help you.”

Vivien Thatcher, prosecuting, told the court the offences came to light after a receptionist at a Pewsey dental surgery was looking through a mobile phone left by one of the patients to track down its owner.

“She was trying to find their details on the phone and came across the images, at which point she called the police,” Mr Thatcher said.

Police went to the home of painter-decorator Toole and seized a number of memory cards which contained 1,450 level one images of children; six level two; six level three; 25 at level four and one at the most severe level five.

The memory cards also contained 16 extreme pornographic photographs involving adults with animals and six extreme pornographic film clips.

Examination of Toole’s mobile phone revealed 54 level one and one level four images.

The defendant told police he had been downloading the images from the internet onto his mobile phone for a couple of years.

Mr Thatcher said: “He said he doesn’t know why he did it and knew it was wrong but he said his motive was not sexual.”

A search of his home also revealed 17.5gms of cannabis worth up to £35.

When asked if he smoked the cannabis while looking at the images, Toole told police: “Yes.”

Trevor Line, defending, said Toole was a single man with very low self-esteem, had no children and lived alone in a flat since moving to Pewsey four years ago to be near his parents.

“He has no friends and even his activities are things he can do on his own, cycling and walking his dog,” the defence solicitor said.

“He is ashamed and remorseful not only for himself but also for his parents.”