STUART MORGAN FROM HOLMER BANNED FROM INTERNET AFTER CHILD PORNOGRAPHY CASE IN HEREFORD

In December 2017, Stuart Morgan, a 49-year-old resident of Holmer, found himself at the center of a high-profile legal battle concerning his use of the internet and possession of indecent images involving children. The case unfolded after police authorities in Hereford conducted a search of Morgan’s home in May of the previous year, uncovering hundreds of illicit images stored across various digital devices. These images included not only typical adult pornography but also explicit material involving minors, which led to serious criminal charges.

Following his arrest, Morgan faced a series of court proceedings that highlighted the extent of his online activity. The prosecution revealed that Morgan had a long-standing collection of pornography, accumulated over many years, stored on multiple media formats such as hard drives, CDs, and DVDs. Initially, Morgan admitted to searching for and viewing adult pornography, but the situation escalated when he inadvertently came across indecent images of children. This accidental discovery prompted him to search for, download, and store child pornography using peer-to-peer sharing software, specifically on the eMule platform.

He was charged with three counts of downloading indecent images, one count of possessing extreme pornography, and one count of possessing a prohibited cartoon depicting a child. During the court proceedings, Morgan acknowledged his actions and admitted to possessing these illegal images. The court also learned that Morgan worked only two days a week, spending the majority of his time isolated at home, immersed in watching films and pornography. His lifestyle was described as highly preoccupied with sexual content, which contributed to his social withdrawal and online obsession.

Judge Daniel Pearce-Higgins QC initially imposed a strict set of restrictions, including a five-year ban on private internet use, prohibiting Morgan from accessing the web in his home. The judge emphasized that Morgan’s life had been dominated by online activity, and he believed that a complete disconnection from the internet was necessary for his rehabilitation. Morgan was ordered to only use public computers in libraries or cafes, and even mobile phone use was restricted. The court described this measure as a way to prevent further access to illicit material, comparing it to an addiction that needed to be controlled.

However, Morgan appealed this decision, and the case was taken to the Court of Appeal in London. The appellate court, comprising Lord Justice Gross, Mr Justice Teare, and Mr Justice Kerr, reviewed the case and the restrictions imposed. They found the blanket ban to be overly harsh, describing it as “well-intentioned but unrealistic, oppressive, and disproportionate.” The court acknowledged that such a broad restriction could hinder Morgan’s chances of reintegration into society.

During the appeal, Morgan’s legal team argued that he had admitted to a lifetime collection of pornography, which he had stored on various media. They pointed out that although he initially searched for adult content, he had accidentally viewed images involving children, which then led to his downloading and storing of illegal material. The court heard that Morgan had been assessed as being highly sexually preoccupied, with his lifestyle revolving around his computer and online activity. The original judge, Pearce-Higgins, had believed that Morgan would not make significant progress until he started engaging more with the real world rather than his online environment.

In light of these considerations, the Court of Appeal decided to overturn the original blanket internet ban. Instead, they replaced it with a more balanced order that permits Morgan to access the internet at his home under strict conditions. The new order requires Morgan to maintain detailed records of his internet history, which must be accessible for police inspection at any time. This approach aims to strike a balance between safeguarding the community and allowing Morgan some degree of online freedom, with the understanding that he must comply with the monitoring conditions to prevent further illegal activity.

In addition to the internet restrictions, Morgan was also ordered to complete a 36-month community order and to register as a sex offender for five years. The case underscores the ongoing challenges faced by the justice system in managing individuals convicted of possessing child abuse images, especially when balancing rehabilitation prospects with public safety concerns.