June 2016

Court seizes Newquay sex offender’s smartphone; lets him to keep camera and iPad

mike nic

A convicted sex offender from Newquay has had his mobile seized after breaching a court order banning him from owning a Smartphone – despite being able to own a camera and iPad.

Michael Nicholson, 51, of Henver Road, Newquay, pleaded guilty to breaching the prevention order at Truro Magistrates’ Court on Monday.

Anita Kennett, for the prosecution, said he had been convicted in 2003 of possessing an indecent photograph of a child, and of similar offences in 2004, when he was made subject of the order.

But his solicitor Barry Hilliard said some of the conditions in the order were “bordering on ludicrous” as Nicholson was allowed to have a camera and to take photographs of children – but was not allowed to have a smartphone.

Nicholson had photographed children in legal situations, but as the result of incorrect information given out by the police saying that he was not allowed to have a camera, he had received threats.

Nicholson, who previously breached the order in 2009, was given a conditional discharge for a year and ordered to pay £55 in costs and charges.

The magistrates ordered the phone to be seized.

March 2013 – Despite being a three time convicted paedophile, Michael Nicholson continues to be a photographer that specializes in Wedding and Portrait Photography.

In 2009, he even took photos of teenage girls that applied for the miss Cornwall competition. Still living at a Newquay address, but it is different than the one listed below from a archived news report on his offences

April 2009

Paedophile breaches order

A NEWQUAY man has pleaded not guilty to two breaches of a Sexual Offences Prevention Order (SOPO) allegedly committed in December last year.

Michael Anthony Nicholson, 44, of Henver Road, appeared before Liskeard court on April 17.

The already two time convicted paedophile was charged with remaining in the company of a girl aged 15 at Newquay and travelling in his own vehicle with two girls aged 15 at Bodmin in breach of the SOPO imposed by Plymouth Crown Court

Mr Nicholson was convicted of handling stolen goods and two charges of possession of indecent photographs of children at Truro Crown Court. On 7 March 2003 he was sentenced to 12 months’ imprisonment with a 12-month extended licence. In December 2005, Nicholson was sentenced to a 12-month supervision order for possession of child porn on his mobile phone

December 2005

Bail hostel man had child abuse images on his mobile phone

A man used his mobile phone to access child pornography after a court order banned him from using the internet, Plymouth Crown Court heard.

Michael Nicholson, 40, used his new phone to access the internet and download indecent images of children while he was staying at a city bail hostel, the court heard yesterday.

Nicholson, of no fixed address, was in breach of a Sexual Offences Prevention Order (SOPO) imposed on him in October last year when he was convicted of possessing indecent photographs of children on a computer.

The court heard yesterday that Nicholson was caught out when he showed indecent images on his phone to two friends at the bail hostel. He had just served a prison sentence for the previous offences.

Ian Fenny, prosecuting, said: “The SOPO prohibited him from using computer equipment which would allow him to use the internet. He acquired a new-generation mobile phone which enabled him to have internet access, and we say access to the very sites that the SOPO was supposed to prevent.

“He got the phone in May and while living in a bail hostel in the city he befriended two people and he showed them he could access these sites.

“The two men saw images of a young girl’s face and immediately became uneasy about it and reported it to members of staff who knew about the SOPO order and involved the police.”

Mr Fenny told the court that Nicholson was arrested on May 28 and his phone was sent off for specialist forensic analysis.

Experts found 33 images of young girls on the phone, 21 of which fell into category one – the least serious grade of child pornography – while the rest were of a “suggestive nature”.

In November Nicholson pleaded guilty to three counts of making indecent photographs of a child and one count of possessing indecent photographs of a child.

Judge Francis Gilbert yesterday sentenced Nicholson to a 12-month supervision order and a three-month residency order requiring him to stay at the Lawson House bail hostel in Plymouth. Nicholson has been in custody for the last six-and-a-half months.

October 2004

Child abuse images guilty plea

A man has pleaded guilty to two charges of possessing indecent photographs of children.

Michael Nicholson, 39, formerly of Paradise Road, Stoke, appeared at Plymouth Crown Court to answer the charges, which relate to two ‘level one’ rated images and a more serious ‘level four’ image found on a computer in August 2003.

Five other counts of possessing indecent photographs of children were ordered to lie on file.

The court was told Nicholson was to launch an appeal against a sentence imposed upon him last year for similar offences.

The case was adjourned for sentencing until after Nicholson’s appeal had been resolved, at a date to be set.