King v Jonathan Playfair
| Jurisdiction | Northern Ireland |
| Judge | His Honour Judge Rafferty KC |
| Judgment Date | 09 May 2023 |
| Neutral Citation | [2023] NICC 15 |
| Court | Crown Court (Northern Ireland) |
Neutral Citation No: [2023] NICC 15
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: [2023] NICC 15
ICOS No: 21/089414
21/007938
21/059533
Delivered: 09/05/2023
IN THE CROWN COURT FOR THE DIVISION OF BELFAST
(SITTING IN COLERAINE)
_________
THE KING
v
JONATHAN PLAYFAIR
_________
SENTENCING REMARKS
_________
HHJ RAFFERTY KC
[1] I am required to sentence the defendant on three separate Bills of Indictment.
The defendant has been assessed as meeting the threshold for dangerousness under
the 2008 Order. I confirmed with counsel that dangerousness was under
consideration pursuant to R v EB. The individual Bills and facts are set out below
and the factual matrix is complex. I am obliged to all counsel for their detailed
submissions and have incorporated for completeness significant portions of the
openings of Crown Counsel. I have done so because the detailed nature of the
various behaviours of the defendant are highly relevant to my later analysis.
[2] Before commencing these sentencing remarks I would like to thank the young
victims in this case for their Victim Impact Statements. I will not read their remarks
into the record, but I wish them to be told that I have read them and thank them for
taking the time to set out the traumatic effects that the defendant’s actions have had
upon them. I wish them to be told that as the victims in these cases they are
blameless and the only shame or blame that attaches is to the defendant. The victims
are to be commended for coming forth and seeing this matter to its conclusion.
[3] Bill of Indictment number 21/059533 consists of 15 counts of possession of an
indecent image of a child (IIOC), contrary to Art 15(1) of the Criminal Justice
(Evidence etc) (NI) Order 1988, all dated 4 May 2020.
Facts of Offending
[4] On Thursday 12 March 2020 an acquaintance of the defendant attended
Musgrave PSNI station to report that the defendant had breached his bail conditions
by being in possession of a mobile phone with Internet and camera facilities.
[5] As a result of the information he provided to police, in relation to the content
he had seen on the defendant’s phone, police conducted a search of the defendant’s
address on 4 May 2020, where he was located, and his phone was seized.
[6] An Initial Digital Examination dated 15/9/20 identified a specimen total of 15
videos and images, comprising 5 for each Category A, B & C, representative of the
total number of IIOCs and forming the evidential basis of the counts on the
indictment; as advised in a letter to the defendant’s representatives by letter of
21 July 2021.
[7] Also identified in the depositions in the summary of the Initial Report are the
total number of images and videos as follows:
Cat A - 19 images and 13 videos
Cat B - 23 images and 6 videos
Cat C - 96 images and videos
Total 138 images and 21 videos
[8] The Investigating Officer, D/Con McCrossan, identified AB, the sole subject
of the material, a female known to her from previous dealings, DOB 11 July 2003, 16
years old at the time of the offences. The defendant was also identified in some of
the images from his facial features.
[9] The various sexual activities identifiable from the material were put to the
defendant at interview on 03/12/20 (page 8); these included images of the female in
underwear, and images of her breasts and bottom, in posing positions; acts of oral
sex, penetrative sex, digital penetration, kissing and masturbation.
[10] The defendant made no comment in response.
[11] The second Bill of Indictment is ICOS No: 21/007938 and contains 3 counts:
Count 1 Blackmail, contrary to section 20 of the Theft (NI) Act 1969
Count 2 Possession of an indecent image of a child contrary to Art 15(1) of the
Criminal Justice (Evidence etc,) (NI) Order 1988
Count 3 Distribution of an indecent image of a child, contrary to Art 3(1)(b) of the
Protection of Children (NI) Order 1978
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