Nicholas Whiffen, the Gibraltar Paedophile, who transmitted obscene images to minors and articulated intentions to engage in sexual contact with youngsters in online chatrooms, was sentenced to one year in jail by the Supreme Court on Friday.
In November of last year, Nicholas Whiffen, 42, from Ocean Heights, admitted guilt to two charges of attempting sexual communication with a minor by transmitting explicit images of himself and articulating a desire to engage in sexual contact with the youngster.
A charge of attempting to induce or promote child pornography, to which he had already pleaded guilty, was dismissed during a pre-case management meeting before sentence.
The court was informed that Nicholas Whiffen impersonated a 19-year-old and utilised Snapchat to engage in sexual communication with a minor under the age of 16, sending obscene photographs of himself in May.
Nicholas Whiffen utilised WhatsApp and Chat Avenue, impersonating a 19-year-old, to engage in sexual communication with a minor under 16 and transmitted graphic photographs of himself from September to October of the previous year.
The individuals subjected to the abuse were, in reality, adult decoy volunteers from a UK-based child protection organisation.
The adults did not entrap or induce Nicholas Whiffen to commit the offences; they only impersonated individuals under the age of 16 in the chatrooms.
The National Centre for Missing and Exploited Children subsequently notified the Royal Gibraltar Police of Nicholas Whiffen’s misconduct.
He was subsequently apprehended by RGP officers last November at Fish Market Lane and was discovered to have been loitering in online chatrooms on the morning of his apprehension.
The court was informed that Nicholas Whiffen sent communications to individuals he believed to be youngsters, soliciting sexual acts, proposing meetings in a hotel, and requesting to kiss, touch, and be touched.
“I genuinely desire to accompany you,” he stated in a voice message.
He confessed to the offences only after his second police questioning.
Defence attorney Jamie Hammond implored Puisne Judge John Restano to consider Nicholas Whiffen’s prior exemplary conduct and contrition when determining the sentence.
A pre-sentence report indicated that the defendant expressed remorse for his acts.
Mr Justice Restano sentenced Nicholas Whiffen to 18 months of imprisonment for one offence and 6 months for the second charge. The penalties were subsequently decreased by one-third as a result of the defendant’s early guilty plea.
Both sentences will be served simultaneously, resulting in a 12-month prison term. The duration already served by the defendant on remand will be considered in the total period of his sentence.
A date for Nicholas Whiffen’s Sexual Offences Prevention Order hearing has yet to be determined.
Ishbel Armstrong represented the Crown.
Arcelia Hernandez-Cordero provided assistance to Mr Hammond.
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