A registered sex offender who was sentenced to two months in prison for breaching a sexual offender’s prevention order has been banned from being in contact with any women whilst awaiting appeal.
Court heard that the 37-year-old, who appeared via videloink from Maghaberry, had failed to notify police that he had changed his address and was living with a woman he was in a relationship with.
Michael Magill, of Ballynahinch, Co Down, pleaded guilty to two counts of breaching a sexual offences prevention order (SOPO) and being a sex offender failing to notify police of a change of address at Craigavon Magistrates’ on Friday.
It was heard that on August 5, police were alerted to the fact that the defendant, who was subject to a sexual offences prevention order, was living with a female he was in a relationship with.
Officers attended Magill’s mother’s house – his registered address – where they told her that she had not seen the defendant.
On September 4, they once more contacted Magill’s mother but she still had not seen her son.
Police would later get a call from Social Services, who stated that upon a visit, that the defendant claimed he was living with a female.
This woman was then contacted by officers where she claimed that the relationship had lasted one month and that Magill was no longer residing at her address.
The defendant was eventually contacted by police and attended Lurgan Custody Suite for a voluntary interview.
Magill stated that he had been in a relationship with the female and on occasion stayed at her home.
He added that they had now broken up after the engagement of Social Services.
It was heard that this breach occurred just one month prior to a five-year order, which Magill was given for indecent assault of a female in 2013, was set to expire.
Defence barrister Noel Dillon claimed that the defendant, and the female in question, had known each other for some period of time, which meant she was aware of his history.
He also commented that Magill had tried to change his address but was unable to make contact with his designated manager, who had been changed without his knowledge.
It was heard that the defendant did not attend with probation in order for a pre-sentence report to be obtained for this court appearance.
Mr Dillon claimed this had been due to Magill’s mother being unwell during this period.
He asked that any sentence which was imposed would not interfere with the defendant’s liberty.
District Judge Bernie Kelly stated: “That’s going to be very difficult, he failed to attend probation, he failed to turn up to court, he has left me with no options.”
She told Magill: “SOPO’s are there for a reason, I appreciate your attempts and efforts but they were not enough.
“When offences are serious, a pre-sentence report is ordered; that is for your benefit, not for the courts.”
Judge Kelly sentenced Magill to two months in prison for the offences.
Mr Dillon stated that the defendant wished to appeal the sentence in this case.
Magill was subsequently released on his own bail of £500.
Judge Kelly issued a condition that the defendant was to have no contact with any other female, save for professional purposes, until his appeal hearing.
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