A sex-offender who thought he was communicating sexually with a 13-year-old schoolgirl has been jailed, with a judge warning any further cases of this nature must go to crown court where sentencing powers are higher.
Stephen Robert Clements (26) from Keenogue Road, Trillick accepted attempting to communicate with a female child, encouraging her to reply in a sexual manner for his own gratification and attempting to intentionally cause her to look at an image of a person engaging in sexual activity.
Offending occurred on dates between October 6 and November 1 last year and came about during an undercover sting with a police officer in England acting as a decoy.
Previously a defence lawyer told Omagh Magistrates Court he intended to seek an expert report into antidepressant medication prescribed to Clements as, “inappropriate conduct seems to be a recognised side-effect".
This approach was apparently abandoned last month when Clements pleaded guilty and the case was adjourned for pre-sentence reports.
On return, the court heard Clements struck up communication with a profile which he thought was a schoolgirl through a chat room.
He claimed to be 18, Irish but working in Liverpool and his family owned a construction company.
Having told the decoy she was cute and pretty, he sent a facial image of himself, then asked her, “to be cheeky and send him a photograph of her in school uniform".
On receipt of this Clements told her the skirt was too long and she should undo some of her shirt buttons.
The next day he asked for more images, including in her PE kit suggesting, “wearing less clothes would be better".
Clements sent her an image of his underwear. He followed this by sending pictures of himself without underwear and asked for naked images.
Clements was arrested and during interview accepted he had been engaging in sexual communication with what he thought was a child.
The defence stressed all his client’s electronic devices had been thoroughly trawled by police and, “this was the totality of his involvement".
He urged District Judge Bernie Kelly not to imprison Clements as he had cooperated fully and “left a trail of breadcrumbs to his identity …there are Probation-based courses which could get to the root of this offending … it appears this behaviour is inexplicable.”
However, rejecting this, Judge Kelly said: “It’s totally explicable. The defendant does not understand the difference between a 13-year-old girl and an adult.”
She criticised the Public Prosecution Service for not directing the case to be sent to a higher court, stating: “The maximum sentence I can impose is six months custody and that’s one of the many reasons these cases are not suitable to the lower court. The defendant believed he was communicating with a 13-year-old girl. His entire strand of communication was beyond appropriate, yet he carried on believing it was a 13-year-old girl. I have a maximum of six months and by law he must get a reduction for his guilty plea.”
Imposing a prison sentence of four months, Judge Kelly told Clements: “This is the only way people like you are going to be discouraged.”
She requested no further cases of this nature are dealt with in the lower court.
Clements will remain on the Sex Offender Register for seven years and made subject to a Sexual Offences Prevention Order for the same duration.
No reference was made to the previously contended medication issue.
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