Benjamin Kennedy

Benjamin Kennedy, a 35-year-old resident of Haig Avenue, Bransty, Whitehaven, in Cumbria, England, appeared before Carlisle Crown Court for breaching his Sexual Harm Prevention Order (SHPO). This order had been imposed following earlier convictions for sexual offences, including 'contact offences' and accessing indecent child images online. Kennedy, who was already on the Sex Offender Register, admitted to the breach during the hearing.

The court heard from prosecutor Gerard Rogerson that Kennedy's phone was required to be fitted with police monitoring software as part of the SHPO. On 27, 28, and 30 January, the e-safe monitoring system alerted authorities to the use of incognito mode on the device. This feature prevents the recording of internet history, directly violating a key condition of the order designed to oversee Kennedy's online activities and prevent further harm.

Although a subsequent search of Kennedy's phone revealed no illegal material, the use of incognito mode meant that police could not verify what content had been accessed during those three days. Judge Michael Fanning expressed concern, stating there was a 'high probability' that Kennedy had viewed indecent child images, despite the defendant's claim that it was adult pornography. 'But we just don’t know,' the judge remarked, highlighting the breach's severity.

Defence barrister Kim Whittlestone noted that Kennedy had utilised his time in custody productively, completing courses in English and digital skills. She informed the court that Kennedy now acknowledges an addiction to pornography and plans to address it through the Probation Service upon release. Whittlestone also mentioned Kennedy's intention to leave his parents' home and reside with a friend, recognising the need for ongoing support.

Prior to this incident, Kennedy had appeared in court last year for a similar breach of the SHPO and for using the internet to access indecent child images, which he attributed to poor mental health. Despite evidence of rehabilitation efforts, Judge Fanning deemed Kennedy 'not readily rehabilitatable' and imposed an immediate custodial sentence of one year. The case was reported by News and Star, with details from the Carlisle Crown Court proceedings.