Child porn found on lost cellphone

DAVID CLARKSON
Last updated 13:13 21/03/2014

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When someone found a lost cellphone containing downloaded child pornography images, they caused maximum damage by texting the pictures to people on the contacts list in the phone.

It was the work-issued cellphone of Wayne John Franklin and the contacts list included his employer's customers.

Franklin, a 37-year-old Christchurch man who has already served jail time for child pornography offending, lost his job once the photos went out and the police then became involved.

He admitted to the police that he had downloaded about 10 images, and said he had used his work phone so that his wife would not find them.

Judge Brian Callaghan said the two images sent out by whoever found the phone showed a girl aged about 11, who was naked to the waist. Her face was not shown.

Franklin pleaded guilty in the Christchurch District Court to one charge of possessing objectionable material, and appeared for sentence today.

Defence counsel Andrew Bailey said the images were at the lower end of the range of child pornography seen before the courts. Counselling had been arranged for Franklin and he was continuing to attend. No treatment had been arranged at the time he served his previous jail term.

He noted that Franklin had already served a jail term for distribution of child pornography, imposed in December 2006, but he accepted that most addictions sometimes involved relapses.

In this case, because there were only two images involved, no distribution, a guilty plea, and on-going counselling, he was willing to leave Franklin in the community.

He imposed a sentence of 18 months intensive supervision with special conditions. "There needs to be continual follow-up by probation, with respect to the sentence and the conditions," said the judge.

He also imposed four months of community detention which will include a curfew that will keep him at home during the weekends.

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- The Press

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