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Offender Information

Age: 35

Town: Cardiff

Convicted: 10/08/2023

Repeat sex offender failed to tell police about his new phone.

Convicted Paedophile Fails to Notify Police of New Phone

Shane Upton, a 34-year-old resident of Pen-Y-Lan Road in Roath, Cardiff, was already serving a suspended prison sentence for sharing indecent images and attempting to incite a girl under 13 to engage in sexual activity. In November, he was placed under a sexual harm prevention order, requiring him to inform police within three days of purchasing any internet-enabled mobile phone. However, in June, he bought a phone from CEX without notifying the authorities.

Prosecutor Emma Harris informed Cardiff Crown Court that Upton contacted his probation officer on June 5th, revealing he had acquired a new phone and number. This raised concerns about a potential breach of the sexual harm prevention order.

Ten days later, a police officer visited Upton's residence and examined the phone, confirming its internet connectivity. Upton subsequently pleaded guilty to breaching the order, which was initially imposed alongside a 17-month prison sentence suspended for 18 months.

This latest offense stemmed from previous convictions for distributing and possessing indecent images of children, as well as attempted incitement of sexual activity. When questioned about the breach, Upton claimed he had not disclosed the phone ownership because he lacked contact details to pass on the information.

Defense attorney Adam Sharp argued that activating the suspended sentence for this breach would be unjust. He highlighted Upton's previous struggles with alcohol and his ongoing commitment to sobriety through an alcohol abstinence order.

Recorder Greg Bull KC, presiding over the case, acknowledged Upton's notification to his probation officer about the phone purchase and attributed the breach to a "stupid error" in understanding the order.

The judge ultimately sentenced Upton to a 12-month community order, requiring him to complete 25 hours of unpaid work. He was also ordered to pay prosecution costs of £420 at a rate of £20 per month.