Bo'ness offender jailed for downloading 400 child - and newborn - porn images

There were conditions in place so Richard Horsburgh (59) could not use any devices which could access the Internet, but when police asked if he had any such device he attempted to hide the mobile phone.

However, the device actually vibrated when police were present and Horsburgh’s attempted deception was discovered.

He appeared from custody via video link at Falkirk Sheriff Court on Thursday having pleaded guilty to taking – or permitting to be taken – or making indecent photographs, or pseudo photographs, of children at an address in Newton, Bo’ness from October 28, 2010 to November 9, 2020.

He also admitted failing to comply with conditions not to use any device capable of accessing the Internet, when, on January 15, 2021 at an address in Newton, Bo’ness, he attempted to conceal a mobile telephone from police officers when they requested he make any such device available for inspection.

The court heard there were 400 indecent images of children – with a quarter of them being classed as category A, the most extreme level of child pornography – and six videos.

It was stated Horsburgh was staying alone at the time of the offence in his late mother’s house – a property he was worried he may lose if he continues to be remanded in custody for any great length of time.

His defence solicitor said Horsburgh had suffered a stroke when he was a baby and had physical difficulties throughout his life as a result, particularly down his left side.

Horsburgh, who has a previous conviction for a similar offence back in 2013, was said to “struggle about the reasons” for his “curiosity” concerning child pornography.

The court heard this particular case involved downloading the images, there was no suggestion of distribution.

Sheriff Craig Harris said: “You were in possession of 400 images and six videos – a quarter of which were category A – with children from newborns to the age of 12 for a period of 10 years."

He added Horsburgh showed no “victim awareness or empathy” and his very action of downloading the images “created a demand” for the material and as such led to

more crimes being carried out against children.

"You may lose your home, but that is a consequence of your own actions,” said Sheriff Harris.

As for hiding the mobile phone from police, Sheriff Harris revealed the crime may not have been uncovered had the device not vibrated in the presence of officers.

He sentenced Horsburgh, address listed as Low Moss Prison, to 23 months for possessing the child porn images and 172 days consecutive to that for attempting to conceal the mobile phone.

The sentences were backdated to February 21, when Horsburgh was first taken into custody.

He was also placed on the sex offenders register for a period of 10 years.