Andrew Charles Berry, aged 59 and of Christchurch Road, Bournemouth, admits failing to comply with a Sexual Harm Prevention Order on or about September 17 by failing to notify the probation service of an internet-enabled device, namely a Playstation 4.
Committed to prison for three weeks consecutive.
To pay a £115 surcharge, to pay £85 costs.
Also admits the commission of a further offence during a suspended sentence order for breach of a Sexual Harm Prevention Order x3 and failing to comply with the notification requirements.
Dealt with for original offence. Suspended sentence of imprisonment of 10 weeks imprisonment suspended for 18 months imposed as a sentence of seven weeks.
Total length of sentence 10 weeks.
Sex offender breeches sexual harm prevention order
A REGISTERED sex offender who admitted using a mobile phone and accessing social media, despite being banned by the courts from doing so, has been handed a suspended prison sentence.
Andrew Charles Berry, of Christchurch Road, Bournemouth, appeared at Poole Magistrates Court on Friday. (May 4)
The 58-year-old admitted using his mobile phone in incognito mode, between August 24 and November 15, last year, in breach of a sexual harm prevention order made at Bournemouth Crown Court on July 21, 2017.
Prosecuting, Nicola Reece told the court Berry had been banned from doing this, as it is a mode which doesn’t retain any history of what can be accessed on a device.
Ms Reece added: “We are not suggesting he has accessed stuff he shouldn’t, we just don’t know as it is not being retained.”
Berry also admitted two other breaches of a sexual harm prevention order, which was using Facebook and Twitter during the same period.
In addition, he admitted failure without reasonable excuse to comply with the sex offenders register, by not notifying police about details of a Barclays Visa Card he owned, within the specified three days.
District Judge Stephen Nicholls sentenced Berry to ten weeks imprisonment on each of the three initial breaches, to run concurrently, and one month, also concurrent, for failing to report the bank card.
Suspending the sentence for 18 months, Judge Nicholls warned Berry he would face an immediate custodial sentence if he breached any further conditions of his sexual harm prevention order.
Berry was also ordered to pay £115 victim surcharge and £85 costs.
Last year Berry appeared in court after downloading indecent images via a smartphone app.
On that occasion he was sentenced to a 24-month community order, and also made subject of a sexual harm prevention order for five years.
He holds previous convictions for abusing a young girl in the 1990s.
Paedophile back before the courts for downloading indecent images of children
A pervert who abused a child more than two decades ago has been back before the courts for downloading indecent images via a smartphone app.
Pictures of children being harmed were on Andrew Berry’s computer monitor when his home was raided by police shortly before 7am on December 28 last year.
Further investigation of the images revealed 910 were in category A – the most serious – with a further 1,609 in category B and 1,339 in category C.
One of the photographs showed a young girl who had been tied to a bed.
Berry, now of Christchurch Road in Bournemouth, also had 17 extreme pornographic images.
He holds previous convictions for abusing a young girl in the 1990s. He filmed the assault.
On Friday, the defendant, 58, appeared before a judge at Bournemouth Crown Court for sentence after admitting three counts of making an indecent photograph of a child and one of possessing extreme pornographic images.
Simon Jones, prosecuting, said: “The National Crime Agency received information on June 25 last year.
“The information received was that indecent images of children had been downloaded via the ChatStep app.
“The IP address of the computer was linked to the address of the defendant.”
Police raided Berry’s address early in the morning, when he was still in bed.
A computer in his bedroom had images of abuse on the screen at the time of the officers’ arrival, the court heard.
Mr Jones said: “There were thumbnails of indecent images on the screen.
“It was clear that the defendant was viewing those images as the police were in attendance.”
Tim Shorter, mitigating, said many of the images downloaded by the defendant were duplicated, rather than all being unique.
“It is still a significant number,” he acknowledged.
“He is probably somebody who is not right at the forefront of the population in terms of his behaviours and ability to cope with the stresses of life.”
Berry told his advocate: “I would never hurt anyone,” the court heard.
However, Mr Shorter said: “In the early 1990s, he did.”
He added: “The death of both of [Berry’s] parents, to whom he was very close, caused him a lot of emotional distress and instead of doing what he should have done – seeking help, bereavement counselling or going to see the GP – he resorted to looking at indecent images on the internet.
“He has been engaging and frank about what he did.”
Judge Jonathan Fuller QC told Berry: “Those images are of real people who are exploited in the most terrible of ways.
“You play a part in that detestable and grotesque criminality, which was filmed as it took place.”
Berry was sentenced to a 24-month community order with 30 rehabilitation activity requirement days.
He must complete an internet sex offender behaviour course, and he will be subject to the requirements of a sexual harm prevention order for five years.
He must also comply with notification requirements for five years.
Paedophile will face short term
A PAEDOPHILE who filmed himself subjecting a young girl to “appalling and degrading” attacks will serve only a portion of his 12-month prison sentence.
Andrew Berry, of Artington Close, Orpington, was arrested after the National Crime Squad’s investigation into the Wonderland Club, which posted obscene images of children on the internet.
Among the images uncovered in the operation was one of Berry and his victim.
Maidstone Crown Court heard how 42-year-old Berry told his GP in 1998 he had been abusing the youngster, before admitting himself to Farnborough Hospital where he explained his crime.
Suicidal Berry, who pleaded guilty to the offences, was handed down the sentence after his lawyer, Rosina Cottage, told Mr Justice Moses his victim could not remember the abuse.
She said: “The punishment, which is commensurate, has already been meted out to him. He has attempted suicide five times.”
She then appealed that it could be damaging for him to be placed with other sex-offenders and that a prison sentence be avoided: “The risk of re-offending is negligible. If placed in custody without continuing support, he will be placed with others from whom he has carefully separated himself.
“The seriousness of these offences is all too obvious. They are appalling and degrading. He knows that.”
Mr Justice Moses told Berry: “You not only abused your victim, you filmed her so that others could obtain sexual gratification on the internet.
“I accept prison will have a heavy impact on you because of your psychological state. In those circumstances and taking into account your acknowledgement of guilt, I have reduced the sentence to the minimum.”
Berry is expected to serve less than half the 12-month sentence, after which he will remain on licence and on the Government’s sex offenders register for 10 years.