A vulnerable Eden man has been spared prison after a judge heard he had a childlike understanding of the court order he flouted.
Graham Plant, 61, was given a suspended jail term in 2018 for having illegal images of children and extreme pornography.
Plant was also ordered to comply with a sexual harm prevention order, which imposed a raft of tough conditions on his online use.
But he was back in trouble after unlawfully-held electronic equipment was found at his West Close home in Shap.
Last May, a phone and laptop capable of accessing the internet — but prohibited under the order’s terms — were located.
And when police visited on April 7 this year, more breaches of the order emerged.
Initially Plant claimed not to have any banned devices or storage systems. But Carlisle Crown Court heard he was clearly agitated and his sister was upset.
“At that point effectively he gave up the ghost of failing to declare things,” said prosecutor Brendan Burke.
Hard drives and memory sticks were recovered.
“Upon handing them over he did comment ‘you might find some naughty stuff on them’,” said Mr Burke. It had not yet been possible to fully examine them.
Plant admitted five order breaches and was sentenced at the crown court today.
Mark Shepherd, defending, said the latest offending demonstrated an almost child-like understanding of the order by Plant.
He was a vulnerable and isolated individual, “someone who doesn’t seem to grasp the seriousness of breaching the order where the court have said what the consequences would be when it was imposed”, said Mr Shepherd.
Previously remanded in custody, Plant would lose his home if given an immediate jail term and, by the time of his release, “would have lost the opportunity to engage with some of the professionals that have been working with him”.
“He is somebody that requires further work,” added the lawyer.
After hearing mitigation and reading background documents, Judge Nicholas Barker suspended an eight-month prison sentence for two years. Plant must complete rehabilitation sessions and a three-month night-time curfew.
Judge Barker reminded him: “These orders are important because they are there to prevent those who commit sexual offences — as you did in 2018 — (from reoffending) and manage their risk, and that is a benefit to society and an important consideration.”
