A HELENSBURGH man jailed for having more than 130,000 indecent images of children has had his sentence reduced on appeal.
A ruling by judges reveals that Kieran Webster told a social worker assigned to his case that he "would like to kill someone as he would 'find it funny to watch them suffer'".
Webster, 24, was last year jailed for 30 months and faced another three years of supervision once eventually freed.
But despite Webster being branded as having “low self-control”, judges quashed the supervision element of his sentence after expert reports assessed him as posing a low risk to the community.
Webster pleaded guilty in June 2021 to taking or permitting to be taken or to making indecent photos or pseudo-photos of children between February 2019 and February 2021.
He also admitted having the staggering number of images of children – the youngest of whom was less than a year old – on devices in his Buchanan Road home.
In October last year, Webster was handed the total 66-month sentence, put on the sex offenders register for life, and made the subject of a five-year sexual offences prevention order (SOPO).
But Webster’s lawyers appealed, saying the totality of the sentences was “excessive”.
A ruling by judges Lord Doherty and Lord Matthews reveals that Webster had a previous conviction from 2019 for being in possession of pepper spray canisters, for which he was handed a community payback order with 12 months of social work supervision.
He was still subject to the terms of that order when police found the images after they raided a property in Buchanan Road, Helensburgh with a search warrant on April 3, 2020.
His defence advocate, Ann Ogg, told the Appeal Court at the High Court of Justiciary that Sheriff William Gallacher’s imposition of an extended sentence was “incompetent” and said a SOPO was “adequate protection”.
She said: “On the facts, the sheriff had not been entitled to find that an extended sentence was necessary to protect the public from serious harm from the appellant.
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Dumbarton Sheriff Court, where Kieran Webster was handed a prison sentence in October 2021
“Even if it had been competent to pass an extended sentence, the sheriff ought not to have done so because the making of the SOPO provided adequate protection for the public.”
Ms Ogg also said the starting point for the jail term – 40 months, reduced to 30 because of Webster’s early plea – didn’t take into account Webster’s young age and past mental health problems.
The two judges noted Webster’s background and mental health as outlined by a social worker – details normally not presented in open court.
Their ruling revealed Webster had a diagnosis of being emotionally unstable and had borderline personality disorder, and he had a moderate risk of reconviction for what are called “non-contact” sexual offences.
But they stated: “A matter of further interest is that [the social worker] noted that during the supervision for his community payback order, the appellant indicated that he had thoughts about killing people and of shooting himself and others; and that he would like to kill someone as he would ‘find it funny to watch them suffer’.”
Consultant forensic clinical psychologist Professor Gary Macpherson said in a report that Webster would need monitoring and supervision in the community when he is eventually freed from jail.
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Sheriff Gallacher had argued that jail and an extended sentence were justified because accessing indecent images caused “horrendous damage to the children involved”.
The Appeal Court asked Prof Macpherson to prepare a supplementary report last month, who told them Webster “lacks self-control”.
Professor Macpherson pointed out Webster “had frequented chat rooms where there had been discussion and sharing of images”.
The court said Professor Macpherson “regarded the appellant’s reported comments about wanting to kill someone and see them suffer as being a highly unusual and sadistic set of beliefs and evidence of an anti-social orientation”.
It added: “The appellant’s previous purchase of pepper spray canisters was further evidence of an anti-social orientation.”
But based on the information available to him, Professor Macpherson said he didn’t believe Webster posed a risk of serious harm to the public.
Police arrested Webster after raiding a property in Buchanan Road with a search warrant in April 2020
The court agreed that the harm to children identified by Sheriff Gallacher didn’t amount to “serious harm”, as defined by the law.
But they also agreed Webster had “low self-control”, highlighted his comments about wanting to kill someone, and said there was a “very clear” need for post-release supervision.
In their decision published this month, the judges said: “Even allowing for the fact that the appellant’s low self-control makes him more likely to form part of the very small minority of internet offenders who go on to commit contact offences, all of the evidence suggests that the risk appears to be a very small one.
“The statements which the appellant made about killing someone and wanting to watch someone suffer are concerning. The appellant denies that they were made in earnest.
“Ms Ogg submitted that they perhaps demonstrated his immaturity. That may be so. In the whole circumstances we have not attached any great weight to these statements.
“We are mindful that the appellant has never committed any violent offence, and that we are considering a sentence which is in respect of non-contact sexual offences.”
The judges said “we regret” that post-licence supervision was not an option for them.
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They upheld the custodial sentence of 30 months, but quashed the other 36 months that would follow it – though Webster will remain subject to the five-year SOPO, which includes a ban on any contact with anyone under the age of 16.
The order also requires Webster to tell his supervising officer if he starts a relationship with someone.
Defending the lengthy prison term, the judges stated: “The pain and distress of many of the children will have been discernible.
"The offences were committed over a lengthy period. There was active involvement in chat rooms.
“There was deliberate and systematic searching for indecent images portraying very young children. Several devices were used.
“One of the devices had programs installed which can be used to conceal or remove the internet history of a user, permanently delete files, and ensure that internet activity is not logged by the internet provider.
“We are not persuaded that the totality of the two sentences is excessive.”
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