Benjamin Kennedy 34

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A WEST Cumbrian man who completed a Probation Service course to rehabilitate sex offenders is back behind bars after he returned to using the internet to look for child abuse images. 

Benjamin Kennedy, 34, who downloaded 11 indecent child images, blamed his return to offending on poor mental health and drinking too much.

Carlisle Crown Court heard that the defendant, of Haig Road, Whitehaven, had earlier admitted the indecent child images offence as well as twice breaching his previously imposed sexual harm prevention order.

Prosecutor Tim Evans outlined the offending.

The background was that Kennedy was convicted in April 2021 for engaging in sexual activity with a child and causing a child to watch a sexual act. This led to him being given a community order and the sexual harm prevention order.

He was back before the court in November 2022 for downloading indecent child images.  He was given an eight-month jail term, suspended for two years. Mr Evans then outlined the most recent offences.

On August 17 last year, the defendant disclosed to his offender manager that he had a new Samsung phone, which was equipped with “E-safe” police monitoring software.

Police were later alerted that the software was subjected to a “forced stop.”

Two days after this, on November 4, the police asked Kennedy to come to the station with his phone so it could be checked. It became clear there had been a “deliberate deletion” of messages on the phone’s Snapchat application.

It had been set up to automatically delete messages after 24 hours – a clear breach of the defendant’s sexual harm prevention order.

This led to a deeper investigation of the phone, said Mr Evans.

This was when the downloading of the 11 illegal images was discovered. There was also evidence, said Mr Evans, that the defendant had been requesting sexual images from other users.

Kim Whittlestone, defending, said the Snapchat offence resulted from the application automatically deleting messages after 24 hours and Kennedy should have known this and acted accordingly.

“He failed to do so,” said the barrister.

Regarding the other offending, Miss Whittlestone said Kennedy was struggling with his mental health, feeling he was “unable to move forward” with his life. His father had been “targeted at work,” said the defendant.

This included an assault, causing stress within the family.

The barrister added: “This impacted on his mental health, and he began to drink… and this led to him committing further offences.” The defendant had been feeling lonely and isolated, said Miss Whittlestone.

The barrister accepted that Kennedy completed the Probation Service New Horizons Programme for sex offenders.

Miss Whittlestone added: “He knows the pain and suffering he has inflicted on his family and hopes that, when released from custody, he can re-engage with the Probation Service and put offending behind him.”

Judge Nicholas Barker said the defendant was now a “persistent sexual offender.” The purpose of the three-year community order he was previously given allowed him to work extensively with “highly trained professionals.”

The suspended sentence order imposed in January 2023 could not have been a clearer warning to the defendant of his need to reform. The judge said: “There are no interventions that the Probation Service can do.

“Essentially, they have been working with you between April 2021 and November 2024 to address your offending behaviour, but you have not done so. The court can’t come to any considered view that there is a prospect of rehabilitation.”

Judge Barker jailed the defendant for 15 months. Kennedy will be on the Sex Offender Register for seven years.