IRVINE MAN WHO PHOTOGRAPHED NAKED WOMAN IN SHOWER AVOIDS JAIL
A CREEP who photographed a naked woman while she showered in her own home has avoided jail.Court papers state that he took a photo of the woman while in her shower, in a state of undress, on October 19 last year at an address in Ardrossan.
The Irvine man appeared in the dock earlier this week having previously pleaded guilty to the offence.
The 44-year-old admitted attempting to record the genitals, buttocks or underwear of a woman "with the intention of enabling yourself or another person to look at the image".
Sentence was deferred following his last appearance to allow for background reports to be prepared.
At the latest hearing, defence solicitor Peter Murray noted that the self-employed joiner had no previous convictions and no other matters outstanding since the offence.
He added: “His conduct defies explanation, however, he appears to have been completely candid with the social worker.
He had some pre-occupations in terms of his sexual interests but accepts he crossed a line in terms of crystalising this interest.
He appears to show genuine remorse, which he has shown from the outset.
It is my hope, despite the very serious nature of matters, that matters could be dealt with by way of an alternative to custody.” Sentencing, Sheriff Colin Bissett stated that he believed Oliphant - of Heatherstone Way - had shown that he could be dealt with without being put behind bars.
He said: “It is regrettable that you appear before me as a first offender at your age and stage of life.
It is a very serious matter to try and record someone in the safety of their own home.
You have been very frank about the difficulties that you have been having.
That frankness is very impressive.
That shows me that you are someone that could be rehabilitated.
I am persuaded that that is the appropriate sentence in this case.” Oliphant was then placed on a community payback order with social work supervision for a period of three years.
He will also be required to complete the Moving Forward 2 Change programme, an initiative aimed at addressing the behaviours of men convicted of sexual offences.
The Irvine man was also placed on the sex offenders register and ordered to pay £2,000 compensation to his victim.
Sheriff Bissett added: “If you don’t meet any of those requirements, you can be brought back before me and I can deal with you as if the order was never made.”