AN ELDERLY Carlisle sex offender who is banned from deleting his phone's internet history downloaded software allowing him to do just that.
At the city’s crown court, prosecutor Brendan Burke outlined how five years ago 72-year-old David Chettle was jailed for a sexual assault and voyeurism.
For those two offences, he was jailed for six years and nine months.
But shortly after his release on licence from that sentence, the defendant bought a mobile phone and then he downloaded several apps – including one which allowed "private" internet browsing.
Chettle, of Coledale Meadow, Carlisle, pleaded guilty to breaching his sexual harm prevention order.
Mr Burke said the defendant was released from his earlier jail term on February 25 last year. He will remain on licence until July 24, 2024.
Outlining the offence, Mr Burke said that on February 13 this year the defendant's sex offender manager asked him to surrender his new mobile phone so that it could be checked for any potentially illegal use.
When his sex offender manager checked the phone, he discovered that Chettle had downloaded six apps but one them gave him the ability to hide his internet history.
He later deleted that app, said Mr Burke.
Jeff Smith, for Chettle, said that at the time the defendant committed his original offence his partner was dying. After his release from jail, Chettle was entitled to get himself a more up-to-date phone.
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“It was registered in his name and to his address,” said Mr Smith. “There was no hint that anything he was doing was surreptitious.”
Mr Smith said Chettle, who had no previous convictions before his two sex offences, claimed that his actions in downloading the offending app and then deleting it was “entirely innocent.”
The lawyer added: “Nobody suffered any harm.”
But Recorder Shaw said the whole point of the internet restriction which is part of Chettle’s sexual harm prevention order was to ensure that the authorities could check up on his use of the internet.
“But we have no idea what Mr Chettle was doing on his phone,” said the judge… "In the course of nine days, you had accessed these mobile phone applications, five of which I am quite satisfied were entirely permissible.”
But one of those apps was designed to allow “private browsing” and enabled internet history deletion. His claim that he thought he was supposed to download the app was inconsistent with his claim that had not used it for “illicit or perverted” reasons.
The judge jailed Chettle for four months.
It is not clear when the defendant will be released from prison following his recall to prison to resume serving his earlier sentence. But the Recorder added: “For the avoidance of doubt that sexual harm prevention order remains entirely in force.”
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