Primary concern - public

In sentencing, district judge Liew Thiam Leng said that the primary concern in sentencing for such cases was the protection of the public.

The type of sentence will depend on the circumstances, the quality, quantity and the nature of the films and whether there is any element of commercial gain.

Said the judge: "A non-custodial sentence is reserved for isolated offences where the number of films are small (usually less than 20), and it is for personal use, where there is no commercial element and the accused has pleaded guilty and is a first offender."

Tan was found with 38 such clips, which the court noted was a large number. And it was also unusual to store so many on a mobile phone for private viewing.

The court also noted that Tan had a long list of antecedents which included possession of obscene films, theft, cheating, housebreaking as well as a series of traffic offences.

Added the judge: "It is clear that the accused is still committing offences despite having gone through corrective training for five years.

"The court took into consideration that the accused had a total of 38 obscene films in his possession, as well as his previous antecedents."

For possession of obscene films under the Film Act, Tan could have been fined upto $500 for each film and jailed six months.

Tan is appealing against his jail sentence.