Breached Sexual Offences Prevention Order in four respects

In 2015, Garrett Cleve Moon, now 37, was convicted for a number of offences, which included seven counts of using the telecommunication network to send indecent messages and one of inciting a child to commit an act of gross indecency.

While he was in custody an application was made for him to be made subject to a ‘Sopo’ for a period of five years from 14 February 2020 – just prior to his release from prison.

The order included the imposition of a technology contract that he agreed with the Probation Service which imposed limitations on his internet usage, as well as allowing inspection of his devices by police and probation.

In February 2024, police were contacted by a woman who said that Moon had been sending her messages of a sexual nature via Instagram. The messages made it clear that he had a sexual interest in children.

Officers went to his home and a Samsung Galaxy S23 Ultra phone was seized for forensic examination.

It was that found that Moon had breached the contract in four respects. He had deleted Facebook messenger chats, and accessed three unapproved e-mail addresses. The device also enabled him to access YouTube which he was not allowed to do.

He had also used it to access pornography websites other than those to which he was authorised to do.

In interview, he admitted sending the woman messages and said he had just wanted to shock her.

He said he had not appreciated that searching for videos online via a browser meant he could be redirected to YouTube and he denied that offence.

In court he had admitted two of the charges at the first opportunity and submitted guilty pleas to the others on the day his trial was due to commence.

Defending, Advocate Natasha Newell said there was no dispute that certain aspects of her client’s conduct had been particularly disturbing and depraved. He had sought to explain his conduct but not to excuse it.

He gave reasons why he sent the woman the messages and denied having a sexual interest in children.

The YouTube application was installed on the phone when he bought it and he would back out as soon as he was led there.

He had been redirected to a pornography website that he was not allowed to access when redirected there from one that he could view, and he had not realised the difference.

Counsel spoke of her client’s personal circumstances which had led to him being depressed at the time he offended.

Adverse childhood experiences had severely impacted on his adult psychological wellbeing.

Judge Catherine Fooks said the court had noted the defendant’s difficulties in his personal life and there was no evidence that he had watched YouTube. It noted his struggles with alcohol and substance abuse. But the court could not ignore the fact that he was put at a serious risk of harm to others, both sexual and psychological, and particularly children.

‘In a letter you say that being in prison has brought you solace and that you are ready for the next chapter of your life,’ said Judge Fooks.

#‘You say you will not be in trouble again so now it’s up to you.’

Sentences of 18 months in prison, concurrent, were imposed for each offence and forfeiture and destruction of the mobile phone was ordered.

The Sopo was extended in an amended version to run for 12 months from his release from prison.

He had been on remand since February and his expected release date was February 2025.