HKSAR v. FORD, NORMAN JACKSON

DCCC968/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 968 OF 2010

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Reasons for Sentence

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1.  Norman Jackson Ford, you have been convicted by this court, after trial, of possession of child pornography, contrary to section 3(3) of the Prevention of Child Pornography Ordinance. 

2.  That child pornography consisted of 55 still images and 185 video clips which were on a computer and two external hard drives which were found by the police at your home when they executed a search warrant on the morning of 8 January last year.  Forty of the 185 video clips were duplicates.  Eighteen of the still images and 39 of the video clips fell into the most serious category of child pornography, what is known as Level 4 child pornography, in this case depicting penetrative sexual activity between children and adults.

3.  As I am sure you are aware, the courts in Hong Kong take a serious view of those who possess child pornography and they have said that the main aspect relevant to sentence in this sort of case is deterrence.  I have no doubt that you have been made aware by your legal advisers of the sentencing guidelines that have been laid down by the courts. I do not need to tell you the reasons why the courts take such a view of this offence.  At least one of the girls depicted appears to have been aged 5 years of age.

4.  I take into account that these images and video clips appear to have been intended entirely for your own viewing.  In this case, I bear in mind your previous good character, your impressive CV, and what I have heard about your character and your work from Professor Lorraine Justice and Professor Laurent Gutierrez.  I treat you as somebody who has made a significant contribution to your field during the time you have been in Hong Kong.

5.  Nevertheless, in the light of all the circumstances in this case, I am of the view that the appropriate starting point for this offence is 18 months’ imprisonment.  There are no factors that, warrant any reduction from that starting point and so that is the sentence that I pass.