Precedent likely to be set in child porn case

Picture: FILE

A PRECEDENT could be set in a case of a 48-year-old man found guilty of engaging in pornographic activity involving a juvenile.

This is because no laws in Fiji provides for a sentencing guideline for pornographic activity involving a minor.

While making sentencing submissions before judge Justice Rangajeera Wimalasena yesterday, State prosecutor Lavenia Bogitini submitted that Fiji’s laws did not include sentencing provisions that could be used as a guide by High Court judges in establishing a prison term for the accused.

She explained that the United Kingdom’s guidelines could be sampled in this particular case.

Ms Bogitini said the case was unique in Fiji in the sense that it was the first time that a pornographic activity involving a juvenile had been tried and convicted.

She informed the court that the UK guidelines should be used in this case because it warranted a custodial sentence that started with a minimum of 10 years.

She said the accused, who was also convicted of two counts of rape, faces a 14-year maximum sentence.

Ms Bogitini also urged the court that a non-parole period be set for the accused who was known to the victim.

She said for the past five years, the victim had to live with the knowledge that there could be other copies of the explicit video.

The man was arrested and charged in 2013 in Sigatoka where he was found with pornographic images of the victim who was 15 years old at the time.

The case has been adjourned to November 22 for sentencing.

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