CHESTER DISTRICT JUDGE SPARES PAEDOPHILE JAIL OVER BREACH
A CHESTER paedophile who breached a sexual harm prevention order by using Facebook messenger has avoided a jail sentence.Robert Siddall, 69, of Wervin Caravan Park, pleaded guilty to breaching the order – made by Caernarfon Crown Court in January 2016 – in October last year.
The court heard that on October 31, Siddall used Facebook Messenger, which he was blocked from doing by an order.
He admitted the offence at Chester Magistrates Court on March 3 and returned on Tuesday to be sentenced.
Prosecutor Nigel Jones set out the case that on the date, police visited the defendant as part of their offender management work and he was found to be using the messenger app.
Chris Hunt, defending, explained to Deputy District Judge Katherine Harney that his client, under the terms of the SHPO set out by Caernarfon Crown Court in January 2016, was able to use social media.
He was, however, barred from using Messenger and Mr Hunt explained that Siddall had used Facebook’s main app to buy and sell items via Marketplace.
He added that images found on his device were legal.
Mr Hunt added that ‘it is significant that it is the breach of the order rather than reoffending’.
The solicitor added: “He has not offended since 2016 other than his breach and it is an indefinite order.
He can use Facebook but he can’t use messenger as a separate app.
But he used the main app to send messages to buy and sell things on Marketplace.
He hasn’t breached the order since 2023 and fully admitted the offence when arrested in October last year.” Mr Hunt also called for a community order, adding that it was a ‘positive pre-sentence report where he has shown remorse and promises that he will not do it again’.
However, Mr Hunt did query the report stating he is a high risk of reoffending as ‘it doesn’t equate with reality as there have been no contact offences and his original offences date back to 2016’.
Sentencing, DDJ Harney said: “I’ve listened carefully and I’ve read the pre-sentence report in which you’ve engaged well.
This is not the most straightforward case to categorise as there is a risk of other behaviour on top of the breach of this order.
There doesn’t seem to be any further evidence obtained by the police on the conversation you had so I cannot assess the risk.
This does pass the custody threshold, in my view, but the question for me is whether I can suspend it.
Your record weighs against rehabilitation but I also take into consideration gaps in your record and probation’s willingness to work with you.” Siddall received a six-month sentence suspended for 18 months with 20 rehabilitation activity days plus 150 hours of unpaid work.
He was ordered to pay a surcharge of £154 and £85 in costs.
