Sex offender set up social media account and failed to disclose devices

A view of the front of Carlisle Crown Court — Carlisle Crown Court

A man who began a relationship using a smartphone he was bound by a strict court order to tell police about has been sentenced by a judge.

David Nowak, now 47, was originally sentenced in 2017 for making and possessing illegal child images. As part of his punishment, he was made subject to the strict terms of an indefinite sexual harm prevention order (SHPO) imposing tough curbs on his online use.

But Nowak flouted the terms of that order around the turn of this year. On January 4, Nowak’s police offender manager became aware of concerns about his use of the Grindr dating app.

It emerged he’d set up an account on the social media platform — in flagrant breach of a SHPO condition — and legitimately communicated with a man with whom he then formed an on-off relationship.

Nowak initially denied he was in possession of any devices he had failed to disclose to the authorities in further breach of the order. Police found a router connected to a phone, which was absent. And, when interviewed, Nowak then made telling disclosures which resulted in a Samsung mobile phone and an Amazon fire stick being recovered, wrapped in plastic, in guttering outside his home.

Nowak, of Wastwater Road, Whitehaven, hadn’t informed police about either. He admitted three SHPO breaches and was sentenced at Carlisle Crown Court earlier today (Thursday).

Nowak been in custody since his arrest in January. A judge heard of his personal, behavioural and learning difficulties, and a submission from the defendant’s lawyer that rehabilitation prospects were “good”.

Recorder Julian Shaw imposed a two-year community order comprising a rehabilitation requirement, acknowledging that Nowak’s recent breaches were not in any way connected to children. Nowak was reminded that the SHPO remains in force.