Allan Smith 36

Description

A SEX offender who now devotes his time to caring for animals had two secret iPhones in breach of a court order designed to curb his internet use.

Carlisle Crown Court heard that Allan Smith, 34, told police officers that the two phones they found at his home when they visited him on June 3 last year belonged to his brother. But the brother said the phones were not his.

Smith, of Stonegarth, Morton, pleaded guilty to three allegations of breaching a sexual harm prevention order that he was given July 2017. Two related to the phones he had and the third to his attempts to hinder the police investigation.

The order part of his sentence for inciting a 15-year-old girl to engage in sexual activity was designed to ensure that the defendants use of the internet is controlled and monitored.

Gerard Rogerson, prosecuting, said the two phones were found in the defendant's living room when police officers visited him at his home as part of their monitoring work. Both phones were protected with a numerical code.

The officer asked him for the codes and he refused the request and said the phones were not his but belonged to his brother, said the prosecutor.

The brother denied owning the phones.

There was also evidence that the phones had been used to access Facebook, something else that was prohibited under the terms of Smiths court order.

The court heard that a Probation Service background report had described the defendant as deceitful and manipulative. Yet a 37-page psychological report concluded that a jail sentence would have a devastating effect on Smith.

Kim Whittlestone, defending, said: Over the last three years, hes been able to establish secure accommodation.

After being released from custody, Smith had lived in a bail hostel and then in bed and breakfast accommodation. For the first time, since losing his grandfather, with whom he had previously lived, he now had stable accommodation.

A former worker at a Penrith poultry factory, Smith now ran an allotment and spends most of his time there and he focused on caring for animals.

They included 25 pigeons and ducklings. Classed as vulnerable, and suffering from ADHD, he lives an isolated life, added the barrister.

Recorder Andrew Nuttall noted that there was no suggestion that the phones were used for any illegal purpose, such as looking for young girls. Jailing him would also cause significant harm to the animals he cared for, noted the judge.

Any risk he posed was minor, said the judge, concluding that there was a realistic prospect of rehabilitation.

The just said: A community order is the right sentence for you and society would benefit from you having 30 days of rehabilitation activity in the community. Recorder Nuttall imposed 200 hours of unpaid work as punishment as part of the 12-month order.