Swindon 2022-05-25

Callum MacHardie 34

Possessing indecent images of children for the second time.

Profile Picture
Offender ID: O-1875

Locations

Arley Close, Haydon, Swindon, SN25

Description

A SEX offender has finally run out of luck after he was jailed for failing to attend a probation appointment just eight days after he was given a last chance.

Callum MacHardie was warned by Judge Jason Taylor QC that one more breach of his suspended sentence, issued in 2021 after he was convicted of possessing indecent images of children for the second time, would mean prison.

That warning came in March after several missed appointments, but just eight days later, he failed to attend another probation appointment.

That was followed, prosecutor Rebekah Batt said, by two missed i-Horizon appointments in April. She also outlined that none of the 150 hours of unpaid work has been completed so far and that just one of the 15 rehabilitation activity days have been completed.

Ms Batt added that he had been in contact with probation on May 4, but he had engaged in abusive behaviour with his offender manager.

Probation were now recommending that the suspended sentence was activated, she said.

Defending, John Simmons acknowledged that the court might take the view that the order was falling apart, but said his mental health issues, including that he had been diagnosed with emotionally unstable personality disorder, means he finds it hard to comply with the order.

He cited a psychiatric report which said that his coping capability in a custodial setting would be limited, and that he should be managed in the community.

I respectfully suggest that if each of these requirements was an order to walk 100 yards and he was in a wheelchair, he would be unable to do it and we would see that, Mr Simmons said. Hes equally sick in a different way, hes unable to do it.

We shouldnt be that surprised he hasnt engaged in the way everyone wants him to.

But, Mr Simmons said, his client, of Arley Close in Haydon, had been seeking help from a psychologist and made contact with his GP on numerous occasions.

He asked the judge to adjourn sentencing for four weeks, to allow the new supervisors time to work with him.

But Judge Taylor, at pains to decide between giving him another chance and whether MacHardie had reached the end of the road, said that his risk must be managed.

I cannot ignore this, they are saying when he doesnt attend his appointments, we are unable to manage his risks, he is simply not engaging with us, the judge concluded.

Mr Simmons invites me to put it back four weeks. It might just make the difference. But Ive got to manage the risk in those four weeks.

I am aware having been given the chance on the 21st [March], eight days later it was a different ball game.

Addressing the 32-year-old, Judge Taylor said: Whilst I take absolutely no pleasure in doing this, you have been given chance after chance. That ends today.

MacHardie must now serve the 18-month prison sentence.

A previous hearing had been told the defendant had been downloading the illegal material since he was 12.

In 2016, his barrister said his childhood was blighted by bullying and isolation.

He was given a community order, and after breaching it by again downloading indecent images of children and using a computer network capable of hiding his web activity from the authorities, that was upgraded to a suspended sentence.

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