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OK first -

if he (and the other guy) didn't upload the images, how did the images get out?

Second -

This new defence is getting used far too much "I was depressed" or "I have a learning difficulty" - so if these same people robbed someones house, ran over a baby, stabbed a random person - can they still get off with saying "Oh I was depressed"?

I suffer from severe anxiety and depression - I don't suddenly think it gives me the right to break into secured (regardless of whether the security is good or rubbish) networks or break the law in other ways.