The video, which she had received from someone via Facebook and sent it on several times via Facebook and WhatsApp, was placed in the most serious level of indecency by police.
Laying out the unusual facts of the case, Crown Advocate Lauren Hallam said that police officers searched Da Silva’s home last September and seized various devices, including a mobile phone, where they found the video.
“She could not recall the name of the person who had sent her the video, and that they were just friends through Facebook, she had never met the person,” said Advocate Hallam.
“She said that she had sent the video on to friends and family because she wanted to warn them to pay attention to their children as this could happen to them. She had also shown the video to her manager at work and he told her that this was a police matter.”
Pictured: Da Silva was sentenced in the Royal Court on Friday.
Despite her manager’s advice to stop sending on the video – which he described as “seriously wrong” – to other people and delete it immediately, Da Silva forwarded it on to at least one other person.
Advocate Hallam added: “She maintained her account of her motives for the distribution throughout and that account enjoys a degree of support from the evidence.
“But for the offence before the court, there is no evidence to suggest that the defendant has any sexual interest in children.
“Indeed, there is evidence capable of suggesting that she has an appropriate concern for their wellbeing.”
In calling for a binding over order, Advocate Rui Tremoceiro said: “Expressions such as ‘unique’ and ‘exceptional’ are often used in this court but if there is one case that truly fits that description, this is it.
“No right-thinking member of society in possession of the facts would conclude that my client should be sent to prison for what she has done.
“The defendant’s explanation about her motivation is not only consistent but also corroborated by the evidence of others which the Crown fairly put to this court. This defendant presents no risk to others and there is a low risk of reoffending.
“Her clear naivety is confirmed by those who know her best in character references.
“She was clearly misguided in her actions regardless of her motivation. The process so far has constituted punishment for her and has already provided a salutary lesson.”
In giving Da Silva a 12-month suspended sentence, Lieutenant-Bailiff Anthony Olsen, who was sitting with Jurats Charles Blampied and Steven Austin-Vautier, said that, while it was important not to trivialise the seriousness of her offending, it was not appropriate to send Da Silva to prison.
He said: “You are a woman of good character and we were impressed by letters of reference, particularly from your brother who described you as an immature and vulnerable woman who had a troubled and protected upbringing. We are in no doubt you acted with good motives in mind.
“But you were incredibly naive and we are troubled that you continued to distribute the video after your boss had warned you not to.
“However, you were entirely open and honest with your account, you pleaded guilty at the first opportunity and you have shown insight and remorse for your actions, which we see as genuine.”
The suspended sentence allows Da Silva to remain in the community and avoid prison so long as she follows rules set by the court and does not offend again.
As well as the suspended sentence, the Court also reduced the time that Da Silva will spend on the Sex Offenders’ Register from the standard three years to 12 months.