A Swindon man has admitted breaching his sexual risk order for the seventh time.
Patrick Cunnington, 24, was slapped with the five-year order in 2018 after Wiltshire Police presented evidence he was a significant risk to underage girls. He has never been convicted of a child sex offence despite the order being imposed.
Appearing at Swindon Magistrates’ Court on Friday, the defendant, of Radnor Street, pleaded guilty to his sixth and seventh breach of the sexual risk order – which also bans him from contacting under 16s – by failing to declare two mobile phones.
The offences relate to two separate undeclared mobile phones, according to prosecutor Keith Ballinger. He said this was in breach of the order which prohibits him from owning an internet-enabled device without first having it approved by the police.
After the force received reports Cunnington may be in possession of a mobile phone they were not aware of, an investigation was launched.
It was discovered that he’d taken out an iPhone mobile phone contract with EE in November 2020.
Officers attended his home address on 13 January this year. He allowed them into his property to conduct a search, but no devices were found in the room.
He asked officers if he could go to the bathroom, but they told him he must be searched before leaving the room. At that point, he became emotional and produced a Samsung mobile phone from his pocket.
During his custody interview, he accepted breaching the sexual risk order and accepted owning the mobile phone. He said he’d purchased the phone from Cash Generators in Commercial Road.
He told officers he’d got rid of the contract iPhone before buying the Samsung.
Mr Ballinger told the court no evidence of him contacting children or indecent images were found on the mobile phone during an examination by forensics.
Cunnington received a ten-month prison sentence in 2019 for breaching the order by contacting children and owning various internet-enabled devices.
Defending, Tony Nowogrodzki said his client had only been charged with the second offence due to his admissions in interview.
He said Cunnington was suffering from post-traumatic stress disorder (PTSD) after his friend was killed in a road traffic collision some time ago; he was a passenger in the vehicle at the time of his death.
“As you can see, he is on the verge of going to pieces. His symptoms are very real”, Mr Nowogrodzki commented.
Blaming the coronavirus pandemic for isolating Cunnington, he told the court he just wanted to have a phone to talk to friends. He said it had all fallen down then he failed to register the phone with the police as required.
“Importantly, no prohibited material was found on the phone. It was simply for everyday use”, he added.
Mr Nowogrodzki said when he asked his client why he didn’t declare the photo, he told him it was a mistake and that he finds it difficult to deal with authority figures. He said his relationship with the police is better now, and his phone has been registered as required by law.
He said the full-time landscaper is “terrified” of an immediate custodial sentence.
Magistrates order an all options pre-sentence report to explore his mental health issues. The case was adjourned until late June for sentencing.
According to the Swindon Advertiser, Judge Robert Pawson previously told him that any future jail terms for breaches would be measured in years, not months.
