Benjamin Kennedy 34

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A repeat sex offender from west Cumbria has been jailed for flouting a court order restricting his internet use.

Benjamin James Kennedy, 34, formerly of Whitehaven and recently living at Maryport Road, Dearham, breached his sexual harm prevention order by using the "incognito" browsing feature on his mobile phone. He admitted the offence, committed between January 27 and January 30.

Defense lawyer Katie Scattergood told Carlisle’s Rickergate Magistrates’ Court that police found no "associated mischief" in his internet use. She said Kennedy used the incognito mode "solely for the purpose of watching legal adult pornography" due to "embarrassment with the officers seeing that he was watching that content and the stigma attached to it."

Scattergood added that Kennedy had completed courses in custody encouraging reflection on his past behavior and was "confused" about incognito use, as it wasn't specifically mentioned in his order.

Deputy District Judge Matthew Wallace told Kennedy:

"You have deliberately avoided allowing the officer to see your internet history." Noting his history of contact child sex offences and accessing child abuse imagery, the judge said: "You pose a risk and a danger to children.

"You say it was to access adult pornography – but we only have your word for it.

"If the danger can’t be monitored, then there is a risk that it too great and therefore the only sentence that is appropriate is one of custody.

“The risk can’t be managed if you don’t submit yourself to the rules of the sexual harm prevention order.”

Kennedy was jailed for a year and must pay a £182 victim surcharge upon release.

He was originally sentenced in 2021 for sexual activity with a child and causing a child to watch an image of sexual activity.