Sex offender ‘blatantly breached court order and hoped to get away with it’
- Credit: Archant
A sex offender from March “blatantly breached a court order and hoped to get away with it,” a court heard.
Andre Day moved in with his girlfriend in Wisbech and bought an iPhone, which gave him access to two email addresses and social media accounts.
None of his actions were allowed without firstly notifying police – which he didn’t do.
They are illegal because the 23-year-old is subject to a Sexual Harm Prevention Order (SHPO), having been convicted of engaging in sexual communications with a child in January this year.
In March, he was jailed for breaching the SHPO just days after it was issued. Having repeatedly ignored court orders involving his ‘child’ girlfriend, Day was sentenced to 12 weeks in prison but walked free from court due to time served on remand.
At that time, DS Paul Stimpson said: “From the point of his conviction Day was allocated to a member of my team to be monitored, meaning they would pay him unannounced visits, check he was not breaching any of his conditions and monitor his electronic devices.
“Just eight days after he was sentenced by a crown court judge for continually breaching court orders, he was found to be in breach of his latest conditions. If Day continues to breach the orders imposed on him, we will continue to put him before the courts.”
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However, in Day’s latest trial, the court heard that, on June 24, Day moved out of his accommodation in Wisbech and moved in with his girlfriend but failed to tell police.
Then, on July 13, police found out where Day was living and he was arrested. Officers discovered he had recently purchased an iPhone and again did not notify them. This represented another breach of his order.
In interview, Day admitted having access to two email addresses and several social media accounts.
Day, of Badgeney Road, March, pleaded guilty to breaching a Sexual Harm Prevention Order and failing to comply with notification requirements.
Yesterday (Thursday December 3) at Cambridge Crown Court he was sentenced to eight months in prison but has been released from custody due to time spent on remand.
DC Zoe Rogers said: “Day fully understood the requirements of his court order, but decided to blatantly breach it and hoped to get away with it.”
Day was first arrested last August after police were notified he had breached a restraining order prohibiting him from contacting the victim.
Previously concerns about the victim’s relationship with Day were raised with police and other support agencies by her parents, resulting in a child abduction warning notice (CAWN) being issued to Day in September 2017.
The warning meant Day would be committing offences under the Child Abduction Act if he were to continue spending time with the victim, up until the day she turned 16.
Day, then of Stow Road, breached this notice, resulting in him being taken to court and issued with a restraining order to prevent him contacting the girl.
Since the issuing of the restraining order in February 2018, Day was arrested and charged for breaching it the following month. He was bailed by magistrates’, with various conditions including to live at an address in Somerset and not visit Cambridgeshire.
He again ignored these court orders and was in communication with the victim, which included messages of a sexual nature.
In June of last year (2019), Day was charged with harassment, by way of breaching a restraining order and engaging in sexual communication with a child.
On January 13 Day appeared at Peterborough Crown Court and was sentenced to a three-year community order, must carry out 240 hours of unpaid work, and complete two programmes; a 60-day programme for sex offenders and a 40-day rehabilitation activity requirement.
He was also been placed on the Sex Offenders Register for five years, made subject of a Sexual Harm Prevention Order (SHPO) for five years and an indefinite restraining order prohibiting him from contacting the victim or her mother.