DUNDEE MAN ORDERED TO PERFORM UNPAID WORK AFTER USING PARTNER’S IMAGE AS PROFILE PICTURE
An abusive ex-boyfriend changed his WhatsApp profile to an indecent image of his former partner.Thomas O’Brien, of Dundee, admitted harassing the woman while they were in a relationship, which ended in 2022.
The 38-year-old pled guilty to punching a hole in a wall, locking her out of a property, and using an intimate image of her as his public profile.
Dundee Sheriff Court heard the woman later saved O’Brien’s number in her phone as “P***k”.
A sheriff was asked to make a judgement on whether there was a significant sexual element to O’Brien’s behaviour, which would have led to him being placed on the sex offenders register.
Solicitor Anika Jethwa said it was O’Brien’s position he uploaded the picture for use with specific contacts, a feature WhatsApp allows.
“Mr O’Brien says he kept the profile picture for communications between him and her.
“There’s nothing to suggest anyone else did see it.
“She obviously believed this would be able to be viewed by anyone who communicated with Mr O’Brien.” As an alternative to custody, Sheriff Tim Niven-Smith ordered O’Brien to perform 225 hours of unpaid work.
He was made subject to the Caledonian Programme for domestic offenders for 24 months and a five-year non-harassment order.
Ruling on the significant sexual element, the sheriff said: “Now that I have seen the screenshots, it pushes me in entirely the opposite direction.
“She has changed your name in her contacts to you being a p***k and you have uploaded (the image) to your profile picture and engaged in an argument backwards and forwards.
“You definitely set about to upset her because of the breakdown of the relationship.
“Whether you are a deviant that requires public protection and you being on the register, I am strongly of the view that you are not.
“I am satisfied there’s not a significant sexual aspect to your offending.”
