A Birmingham teenager has been sentenced for voyeurism after using a mobile phone to spy on users of a school toilet.
Abdul Karim, 19, of Waverley Road, Small Heath, admitted one charge of voyeurism at a previous hearing. He was sentenced at Birmingham Magistrates' Court on Tuesday, 8th September 2020.
Voyeurism is an offence under section 67 of the Sexual Offences Act 2003. It has a maximum penalty of 26 weeks' custody and/or an unlimited fine on summary conviction; 2 years' custody on conviction on indictment.
Prosecutor Osman Munir outlined the circumstances of the offence to the court.
On 2nd February 2019 a female member of staff was using the unisex toilet when she discovered a mobile phone concealed in a wad of toilet paper.
Mr Munir said: "She was very upset when she discovered the phone. She felt violated. Police were called and the phone was analysed. They discovered a video of the victim. A picture of Mr Karim was found on the phone."
"When police arrested him he told them: 'I am a pervert' and admitted he did it for his own sexual gratification."
Karim's solicitor, who refused to identify herself to journalists present (we shall comment more on that later), told the court that Karim originally planted the phone as a prank.
She said: "He was 18 at the time and was immature. It started as a prank - a joke on his part, though he accepts there was some sexual gratification.
"He knew he would get caught at some point. He is very embarrassed by what he has done. His family have strict religious beliefs and he has had to move out of the family home.
"He wanted to get good grades and go to university but he is now struggling to get a place anywhere. He says he will get a job as a cleaner if he can to make ends meet.
"He pleaded guilty first-time to the offence and must be given credit for that."
District Judge Briony Clarke, sentencing, determined that the offence was serious enough to warrant a community order.
Addressing Karim, the Judge said: "Your actions had a profound affect on your victim, who is now paranoid about using public toilets. I have taken into account your age and immaturity but this act was of a serious nature.
"You filmed the woman for a number of minutes and the video could have got into other hands. I had considered a custodial sentence but you will carry out a community order with a rehabilitation requirement."
Karim was sentenced to a 30 month community order, with requirements the Birmingham Mail omitted to report.
He will also be subject to a notification requirement for 5 years.
A few concluding comments on the shy solicitor. We live in an age where the public and media are entitled - indeed positively encouraged - to access and report on court proceedings and the judicial process.
In order to ensure accurate reporting they are entitled to information about the parties involved in public court hearings, which includes the names of the advocates involved in proceedings.
The defence solicitor in this case has done herself a disservice by refusing to confirm her identity to the media, but that information can be requested from the court.
I have made such a request and will publish the relevant information in this article once it has been disclosed.
Update (20/9/20): The solicitor representing Karim has been confirmed as being Sadia Mahmood of M & N Solicitors, Birchfield Road, Birmingham.
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