Prosecutors were arguing for the case against the 19-year-old to remain in the Magistrate’s Court, while the defence wanted the Magistrate to send the case to the Royal Court.
Legal adviser Advocate Darry Robinson said it was the view of Attorney General Robert MacRae that the case should stay in the lower court.
However, Advocate Ian Jones, defending, argued that the matter should be sent to the Royal Court on the grounds that the sentence that could be given for possession of some of the images was as long as three years in custody. The maximum sentence the lower court can impose is 12 months.
After hearing legal argument, Magistrate Bridget Shaw decided that the case should stay in the lower court.
The court heard that the images were allegedly downloaded between 2011 and 2015, when the defendant was aged 13 and 17. However, in respect of the most serious images, prosecutors could not say how old the defendant was when those images were allegedly downloaded.
If he was under the age of 15 at the time he cannot be prosecuted for those images.
Advocate Robinson told the court that 26 indecent images of children were found in total. Three of those were classed at level 4 – the second most serious category.
The case continues.
