Court Dismisses Appeal For Child Porn Offence
The Supreme Court has dismissed an appeal from Brian Bennett, who was convicted of accessing child pornography.
The court ruling said, “On the 20th May 2025 the Appellant pleaded guilty to two counts of Accessing Child Pornography, contrary to section 182H[1] of the Criminal Code Act 1907.”
In providing background information on the case the document said that the “Bermuda Police Service, together with overseas partners, engaged in an ongoing investigation to identify online users who were accessing, downloading and sharing indecent images of children.
“This information revealed that between 27th December 2017 and 13th March 2018 an internet address in Bermuda accessed and downloaded files portraying child sexual exploitation. As a result of the information received, a search warrant was obtained for a search of the Appellant’s residence on the 20th June 2018″ and a ” total of 3,856 images depicting child pornography was recovered from the Appellant’s electronic devices.:
“On the 20th May 2025, approximately seven years after he was initially arrested in June 2018 and about two [2] years after he first appeared in Magistrates’ Court in July 2023, the Appellant pleaded guilty to two of the offences of accessing child pornography [the Prosecution offered no evidence on the remaining offence].
It noted the court “sentenced the Appellant to two years imprisonment for each count with one year of each of those sentences to be suspended for one [1] year. Both sentences were to run concurrently. The Appellant was additionally sentenced to probation for a period of one year with the following conditions: to refrain from use of alcohol and illicit substances; to comply with urine screening when directed by the Department of Court Services [“DCS"]; to be assessed for and to complete programming as directed by DCS; not to associate with individuals engaged in illegal activity; not to attend any environments where illegal activity occurs; and, not to use any computers or any other electronic device in order to access websites that depict child pornography, child abuse material, bestiality images, and/or videos/images of sadism.
“The Learned Magistrate also ordered that the Appellant’s name and address be entered in the sex offender register pursuant to section 329FA[2] of the Criminal Code.”
In dismissing the appeal the court said, I confirm my decision to dismiss all of the grounds of the Appellant’s appeal and accordingly I uphold the sentence imposed by the Learned Magistrate.”
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