Gerald Smith was spared jail at Maidstone Crown Court

by Keith Hunt

A pervert caught with almost 1,000 child sex abuse images on his computer has been saved from jail by his sick wife.

Gerald Smith was told by a judge that he would normally impose immediate custody for such an offence, but he added: "There is an unusual situation here with the wife."

The 68-year-old pensioner, of Upper Fant Road, Maidstone, was the main carer for his wife of 46 years - who suffered a brain haemorrhage in 1992.

"She is highly dependent on you for day-to-day care because of mobility difficulties," said Judge Charles Macdonald QC. "There is forgetfulness and unfamiliarity with local roads.

"You are central to her care and for that reason I am going to pass a suspended sentence."

Maidstone Crown Court heard police went to Smith's home in November last year after the authorities in Luxembourg reported his internet account had accessed the sickening images.

"the thing saving you from immediate custody is the health of your wife…" – judge james macdonald

Officers examined his computer and discovered 792 pictures at the lowest level of one, 120 at level two, 31 at level three, 26 at level four and five at the highest level of five.

Judge Macdonald cut short mitigation from defence lawyer Alexia Zimbler, telling her: "I normally pass immediate custody for this offending, but there is a very unusual situation with the wife, isn’t there? It does seem to me I should not pass immediate custody."

Miss Zimbler said Smith, who admitted five offences of possessing indecent images of children, had taken steps to deal with his problem by contacting the Lucy Faithfull child protection charity.

Suspending six months' imprisonment for two years, the judge said: "The evils of this type of activity are too well known to require any repetition from me.

"I take into account genuine remorse. Importantly and crucially, in this case the thing saving you from immediate custody is the health of your wife."

As part of the sentence, Smith, who could have been jailed for up to 18 months, will have to complete an internet sex offender treatment programme.

His name will appear on the sex offenders’ register for seven years and he was banned from accessing the internet.