A CONVICTED sex offender has escaped a jail term despite breaching a court order which prevented him from staying at an address where there are occupants under the age of 16.
Kian Leahy, 21, had an argument with his father at an address in Clacton in March and went to stay with his girlfriend in Witham, Chelmsford Crown Court heard on Thursday.
The girlfriend’s parents, despite knowing Leahy was jailed in 2022 for child sex offences, allowed the defendant to stay with them at their address from Monday, March 11 until Wednesday, April 10.
Two occupants in the house were aged eight and 11 at the time Leahy was living there, meaning he was in breach of a sexual harm prevention order he received as part of his 2022 conviction.
That order, which lasts until 2032, prohibited Leahy from staying at an address where children under 16 are living unless he had written consent from the area’s senior social services manager.
The court was told the defendant did not ask permission to stay at the Witham address and had not informed the probation service.
Leahy, of Hillcrest, Clacton, only left the address when he was instructed to do so by probation and police.
A second breach of the court order involved Leahy setting up a new bank account without telling an allocated police officer.
Olivia Rawlings, prosecuting, said: “He admitted making no efforts to register the address with the police.
“He said at the time he was being moved between Surrey and Colchester police stations and was not aware he had a monitoring officer.”
Patrick Hart, mitigating, said Leahy had attempted to contact his probation officer and that the defendant had been careless rather than malicious.
He said: “Put plainly, Leahy was put in prison and it didn’t work.
“He’s young and he’s had no support – only punishment.”
He added that Leahy's girlfriend's parents were aware of his convictions but not the conditions of his sexual harm prevention order.
Judge Richard Wilkin said: “Your history shows a real sexual risk to children and you moved in to a property with two young girls.
“The parents were aware of your previous offending and there was some degree of risk management.
“But I have to take into account our prisons are near capacity.”
Leahy admitted two counts of breaching a sexual harm prevention order and was given a one-year sentence suspended for two years.
He was also ordered to wear an electronic tag to track his whereabouts, and must complete 120 hours of unpaid work along with 20 rehabilitation days and 40 days of an accredited programme.
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