ANDREW BERRY FROM BOURNEMOUTH AND ORPINGTON FACES SERIOUS CHARGES IN MULTIPLE COURTS

In December 2018, Andrew Charles Berry, aged 59 and residing on Christchurch Road in Bournemouth, faced legal proceedings for failing to adhere to a Sexual Harm Prevention Order (SHPO). The violation occurred around September 17, when Berry neglected to inform the probation authorities about possessing an internet-enabled device, specifically a PlayStation 4 console. As a consequence, he was sentenced to three consecutive weeks in prison, alongside a financial penalty comprising a £115 surcharge and £85 in court costs.

Furthermore, Berry admitted to committing additional offences during a period when he was under a suspended sentence for previous breaches of a Sexual Harm Prevention Order. These included three separate violations of the order and a failure to comply with notification requirements. The court dealt with these infractions by imposing a suspended sentence of ten weeks imprisonment, which was suspended for 18 months, with the actual sentence being seven weeks. The total custodial period amounted to ten weeks.

Earlier, in May 2018, Berry appeared at Poole Magistrates Court to answer charges related to breaches of a sexual harm prevention order. The court heard that Berry, a registered sex offender, had used a mobile phone and accessed social media platforms such as Facebook and Twitter during a period when he was explicitly banned from doing so by court orders issued at Bournemouth Crown Court on July 21, 2017. Prosecutor Nicola Reece explained that Berry had used his mobile phone in incognito mode between August 24 and November 15 of the previous year, a mode which conceals browsing history and makes it difficult to determine what content has been accessed.

Reece emphasized that while there was no direct evidence of Berry viewing prohibited material, the use of incognito mode itself was a breach of the court order. Additionally, Berry admitted to two other breaches involving the use of social media platforms during the same timeframe. He also failed to notify police about the details of a Barclays Visa Card he owned within the required three-day period, which constituted another breach of his obligations.

Judge Stephen Nicholls sentenced Berry to ten weeks imprisonment for each of the three initial breaches, with all sentences to run concurrently. An additional one-month sentence was imposed for the failure to report the bank card, also to run concurrently. The judge suspended the entire sentence for 18 months, warning Berry that any further breaches would result in immediate custody. Berry was also ordered to pay a victim surcharge of £115 and £85 in court costs.

Berry’s criminal history includes previous convictions for abusing a young girl in the 1990s, and in recent years, he has been involved in multiple court cases related to indecent images and breaches of court orders. In July 2017, he appeared before Bournemouth Crown Court after downloading indecent images of children via a smartphone app. The police raid on his residence uncovered numerous images, including 910 in the most serious Category A, depicting severe abuse, with additional images in categories B and C. One photograph showed a young girl tied to a bed, and there were 17 extreme pornographic images found on his device.

During that hearing, Berry, then 58, admitted to making three counts of creating indecent images of children and possessing extreme pornographic material. Prosecutor Simon Jones revealed that the National Crime Agency had traced the images back to Berry’s IP address following a tip-off. Police raided his home early in the morning, finding thumbnails of abuse images on his computer screen, which indicated he was viewing them at the time of arrest. Defense counsel Tim Shorter acknowledged that many images were duplicates but emphasized Berry’s lack of social integration and emotional distress, partly due to the death of his parents in the early 1990s. Berry claimed he would never hurt anyone, but the court was reminded of his past offenses, including the filming of a child abuse incident.

Judge Jonathan Fuller QC sentenced Berry to a 24-month community order, including 30 days of rehabilitation activities, and mandated completion of a sex offender behavior course. He was also subject to a five-year Sexual Harm Prevention Order and notification requirements for the same period.

Berry’s criminal record extends further back to February 2002, when he was convicted of filming himself abusing a young girl in Orpington. The court heard that Berry, then 42, had admitted to his general practitioner in 1998 that he had been abusing the girl, and later sought hospital treatment to confess his crimes. His lawyer argued that Berry had already faced sufficient punishment, citing his multiple suicide attempts and the potential harm of incarceration. The judge, Mr Justice Moses, acknowledged Berry’s guilt and the severity of his offenses but reduced his sentence to the minimum, expecting him to serve less than half of the 12-month term. Berry was then to remain on license and the sex offenders register for ten years, reflecting the ongoing risk and the need for supervision.

Throughout these proceedings, Berry’s case highlights the persistent danger posed by individuals with a history of sexual offenses, especially those who breach court orders and fail to comply with legal obligations designed to protect the public from reoffending.