Nwicker60
20-Sep-14, 13:32
Sheriff's ultimatum for man with indecent computer images
A HALKIRK man, who escaped jail for having indecent images of children on his computer, could still find himself behind bars if he doesn’t “mend his ways”.
Malcolm Don, 41, was put on probation for three years at Wick Sheriff Court, in February last year.
However, the court was advised yesterday, that he had twice failed to comply with the terms of community service order involving 200 hours unpaid work and was in danger of breaching his probation.
His solicitor,
Solicitor Fiona MacDonald said that Don found it difficult to communicate effectively with the criminal justice officers. Her instructions from her client, she told Sheriff Andrew Berry, was to request a further period to allow him to demonstrate he can comply with the order.
She added: “He clearly accepts he is standing on the edge of a precipice at the moment.”
Sheriff Berry pointed out that unless there was a change in Don’s attitude, he would be held in breach of the order.
The sheriff said that sometimes accused in such cases were put on probation because it was felt that the greater good would be served by giving them an opportunity to focus on the issues facing them, in the hope that the offences would not be repeated.
But, Sheriff Berry added: “If that fails, prison most often follows. I and others have gone out of their way to keep you out of prison. You are very fortunate that this has not come before the court as a breach of probation but you have come very close to the time that if you don’t mend your ways you will find yourself in prison for a very substantial period. Do you understand?”
Don, of Seaforth Gardens, Halkirk, replied: Yes”
He admitted having over 3000 indecent images of children on his computer between 2007 and 2009. The offence came to light when he was living in Castletown.
His progress on probation will be reviewed in a month’s time. Don is currently being supervised and must not be alone in the company of anyone under the age of 16. His name has been added to the sex offenders’ register.
A HALKIRK man, who escaped jail for having indecent images of children on his computer, could still find himself behind bars if he doesn’t “mend his ways”.
Malcolm Don, 41, was put on probation for three years at Wick Sheriff Court, in February last year.
However, the court was advised yesterday, that he had twice failed to comply with the terms of community service order involving 200 hours unpaid work and was in danger of breaching his probation.
His solicitor,
Solicitor Fiona MacDonald said that Don found it difficult to communicate effectively with the criminal justice officers. Her instructions from her client, she told Sheriff Andrew Berry, was to request a further period to allow him to demonstrate he can comply with the order.
She added: “He clearly accepts he is standing on the edge of a precipice at the moment.”
Sheriff Berry pointed out that unless there was a change in Don’s attitude, he would be held in breach of the order.
The sheriff said that sometimes accused in such cases were put on probation because it was felt that the greater good would be served by giving them an opportunity to focus on the issues facing them, in the hope that the offences would not be repeated.
But, Sheriff Berry added: “If that fails, prison most often follows. I and others have gone out of their way to keep you out of prison. You are very fortunate that this has not come before the court as a breach of probation but you have come very close to the time that if you don’t mend your ways you will find yourself in prison for a very substantial period. Do you understand?”
Don, of Seaforth Gardens, Halkirk, replied: Yes”
He admitted having over 3000 indecent images of children on his computer between 2007 and 2009. The offence came to light when he was living in Castletown.
His progress on probation will be reviewed in a month’s time. Don is currently being supervised and must not be alone in the company of anyone under the age of 16. His name has been added to the sex offenders’ register.