A 50-year-old father of three from Msida was today jailed for one year for downloading child porn in May 2005.
Last July, the man, who is not being named to protect the identity of his three children, was given a one-year jail term suspended for two because while he was found guilty of the charges, the aggravating factor (whether or not the children were under nine) could not be proven.
The Attorney General appealed the decision and Mr Justice Michael Mallia today ruled that when the case was being heard, the accused admitted to the charges so there had been no need for the magistrate to consider the evidence. Moreover, two of the photographs showed children who were obviously under the age of nine.
The judge said he could not understand how this man could have even contemplated downloading such disgusting stuff.