A Westbury man has been jailed for ‘the most appalling taking of images of children’.
Toby Smith, 47, appeared before Swindon Crown Court on Thursday, July 31, refusing to sit and holding his head in his hands as details of how he had betrayed someone’s trust to make indecent images of them without them knowing.
He appeared to double-over in pain when the victim’s witness statement was read out by prosecutor Rob Welling, detailing the impact of his 'abhorrent' actions as the victim, her mother and her family sat nearby.
The court heard how the victim, who trusted the defendant, originally from Westbury, but now living in Hugh Street, Yetminster, Dorset, was picked up by him after a night out and taken to her home while intoxicated in April 2022.
She then pretended to fall asleep because she wanted him to leave, but was horrified to discover that instead of leaving, he slowly moved her onto her back, exposing private parts of her body, before taking pictures and video – with the victim saying she could see the flash of his camera even though her eyes were closed.
She waited until he had left and then immediately fled to a friend’s house, before telling her mother what had happened and going to the police.
Smith was arrested shortly after and admitted to what he had done, he told police he had deleted the photographs and that there would not be any more found on his devices, but after seizing his devices Wiltshire Police found dozens more photos of the victim, as well as hundreds of general indecent images of children.
They were found in a nondescript file with the bland title of MG4CMB but were labelled ‘Naughtiness: at the discretion of naughty people’
He was re-interviewed by police in January 2023 and then charged with seven counts of making and possessing indecent images of children.
He was also charged with two counts of possessing a bladed article, after he was seen at a police station holding a knife to his chest, with another knife found in his car.
In her statement, the victim said she was a “normal teenager doing normal things."
She added: "I think a lot about that night and what he did, I have nightmares where I’m reliving it over and over again, panic attacks, anxiety and depression.”
She details that she had to redecorate her bedroom and leave her job because both reminded her of Smith and that his actions had also impacted her learning how to drive and her A-Levels.
She added: “When I was told there were more images, it had an immediate effect on my mental health. To be told this has happened before made me physically sick.”
Smith’s defence counsel Tabitha McFarlane said that he had told her he was ‘truly’ sorry for what he had done and understood the impact it had.
She added that he had signed a letter saying that he was “taking full responsibility”
An argument was made for a suspending custodial sentence that referenced overcrowding in prisons, and the fact that Smith was a carer for his uncle.
But Judge Jason Townsend decided the offences were so serious that only time in prison would be appropriate, sentencing Smith to two years.
He said: “I have to sentence you for the most appalling taking of images of children.
“This only came to light when she discovered that you were taking pictures of her, and we have heard the devastating effects of this in the frank witness statements that they have been courageous enough to make.”
Smith, who was previously known as Graham Ilott but changed his name during the investigation, will now be placed on the sex offences register, and will also be subject to a Sexual Harm Prevention Order for ten years.
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