Luke Avenue 76

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A man convicted of downloading indecent images of children last year flouted a Sexual Harm Prevention Order by installing software to mask his internet history, a court heard.

Those breaches of the order have resulted in Edward James Tomlinson receiving his first full custodial sentence in his mid-seventies.

In March last year he received a ten-month prison sentence, suspended for 18 months, at Durham Crown Court after admitting three counts of making indecent images of children, plus possessing prohibited images of children and extreme pornography.

As part of the sentence he was made subject of restrictions relating to his use of the internet, under the terms of a ten-year Sexual Harm Prevention Order (SHPO).

But the 74-year-old defendant, of Luke Avenue, Cassop, near Durham, was back before the court today (Tuesday September 13) after recently admitting three counts of breaching the SHPO.

Anthony Pettengell, prosecuting, said following his conviction last year the defendant was subject of monitoring visits by the police public protection unit.

A device installed on his computer equipment revealed use of pc cleaner software to remove evidence of downloaded material.

Mr Pettengell said it led to Tomlinsons devices being seized and examined, revealing the use of the cleaner at least three times, while a privacy browser had also been installed, covering up any search history.

In interview he also revealed use of virtual private network, even though the examination of his devices had not uncovered its presence.

He told police it was to screen films and watch tv channels, while he accepted using the privacy browser as he did not like to receive spam adverts.

When asked, he could give no explanation for use of the cleaner, other than him clicking on something allowing it to run.

Mr Pettengell said the police analysis of his devices showed there had been no evidence of further indecent images having been downloaded in the 18 days between the last use of the pc cleaner and the police attending the defendant's home.

Shaun Dryden, in mitigation, said the defendant did everything required of him by way of the other elements of last years court order.

They included attending 56 of 59 probation appointments and observing an electronically-monitored 7pm to 7am home curfew, while Mr Dryden added that the suspended sentence expired earlier this week.

He told the court the defendant was aware monitoring software was in place on his computer and claimed he did not deliberately use software to hide his browsing history.

Mr Dryden added that the defendant no longer has any computer devices due to his concern what may happen.

But Judge James Adkin told Mr Dryden: The problem is he was told that breaching the SHPO would lead to prison.

He said the defendants explanations for the breaches, are not going to wash.

The perfectly reasonable inference of having all this software is that he has had access to indecent images.

Having three separate tools to hide your browsing history is a persistent breach of the order.

The judge told Tomlinson the clear inference was that, "he still maintains an interest in looking at indecent images of children.

He imposed an eight-month sentence for the breach and activated six months of the suspended sentence, to make a total sentence of 14 months.

On his release Tomlinson will remain subject of registration as a sex offender and the terms of the SHPO until March 2031.