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Shane Jenking, 36, described as a “high-risk offender”, was supposed to inform police of any new electronic devices under a sexual-harm prevention order imposed in 2018 when he was jailed for attempting to incite a young girl to engage in sexual activity.
But when police monitoring officers went to Jenking’s flat in Albemarle Crescent, they found a phone with a new SIM card under a pillow in his bedroom, York Crown Court heard.
Prosecutor Rachael Landin said that Jenking, who worked as a chef, had not notified police about the SIM card which was a breach of the 10-year court order which placed curbs on his internet use.
In July 2018, Jenking was convicted of attempting to cause a child to engage in sexual activity and given a 10-month prison sentence, along with a 10-year sexual-harm prevention order which included monitoring checks at his home.
On March 29 this year, officers were on a routine check at his bedsit where Jenking seemed “displeased about their attendance”.
“When he was asked to provide his mobile phone for inspection, he became defensive, asking why they needed to see it,” said Ms Landin.
“He was asked again to provide his mobile and he replied that he had just got up and needed time to wake up.”
An officer told him she would give him “two minutes to wake himself up” but would then need to inspect his phone.
“He remained defensive, made himself a cigarette and was asked a fourth time for his phone,” added Ms Landin.
“He told officers he needed a cigarette first and wanted to go to his room to smoke it.
He was told he couldn’t (whereupon) he raised his voice.”
Another officer warned him not to shout and he was asked a fifth time to hand over his phone.
“He continued to take objection to the officers’ attendance…and began to push out his chest, tense his arms and went red in the face,” said Ms Landin.
The officers said that Jenking looked “ready to fight them”, but then he turned towards his bed, reached under a pillow and pulled his phone out.
However, he then made a “quick movement” towards the window and officers believed he was about to throw the phone outside.
They pulled him away from the window, but Jenking resisted and threatened one of the officers.
They tried to cuff him but Jenking pulled his arm down to try to hamper them while continuing to threaten officers and warning them that he had been “violent in the past”.
He was eventually handcuffed, arrested and taken to Scarborough Police Station.
During a subsequent search of his bedsit, police found a dual SIM card about which Jenking had failed to notify them.
During questioning by police, Jenking was “disruptive” and told officers to “get on with it please”.
He even claimed his phone was “taken without permission” and that officers were “twisting what he said”.
He told interviewing officers: “You lot are on my back when I’ve done nothing wrong.”
He said he had borrowed the SIM card from a friend because his didn’t work and that he had forgotten to remove it from his phone.
However, he ultimately admitted two counts of breaching a sexual-harm prevention order, failing to comply with notification requirements and resisting a police constable.
He appeared for sentence via video link after being remanded in custody.
The breaches included deletion of data, the use of aliases, failing to make his phone available for inspection and failing to notify police about the new SIM card.
Jenking had 23 previous convictions for over 40 offences including eight sexual offences between 2018 and 2020.
He had three previous convictions for resisting a police officer, five previous raps for breaching a sexual-harm prevention order and three previous breaches of notification requirements.
He was last released from prison last year following recall.
Jenking, who represented himself, told the court he had worked as a chef for 18 years but had now lost his job in Scarborough.
He said that the job had been kept open for him if he kept his liberty.
He said the contract had run out on his SIM card and that when police went to his home “I had just woken up; I’ve been suffering with insomnia for 24 years”.
Judge Sean Morris jailed Jenking for six months for the “deliberate breaches (of the order)”, but due to time spent on remand, it would mean his immediate or imminent release from prison.