SHANE UPTON AND HIS SHOCKING BREACH IN CARDIFF
Shane Upton, a man with a troubling criminal history, found himself back in trouble with the law in Cardiff after failing to comply with the conditions of a sexual harm prevention order.Upton, aged 34 and residing on Pen-Y-Lan Road in the Roath area of Cardiff, had previously been convicted of serious offenses involving child exploitation, including sharing indecent images and attempting to incite a girl under the age of 13 to engage in sexual activity.
Despite serving time and being under strict legal restrictions, Upton was subject to a sexual harm prevention order issued last November.
This order explicitly required him to notify police within three days if he acquired a new mobile phone capable of internet access.
The purpose of this condition was to monitor and prevent further offending, given his criminal background.
However, in June of this year, Upton purchased a new mobile device from CEX, a retail chain, without informing the authorities as mandated.
The breach came to light when, on June 5, Upton contacted his probation officer to report that he had obtained a new phone and provided a new phone number.
The probation officer, concerned about the potential violation of the order, flagged this information for further investigation.
Subsequently, ten days later, a police officer visited Upton’s residence to conduct a routine check.
During this visit, the officer examined the phone and discovered that it was connected to the internet, which was a clear violation of the terms of his order.
Upton was subsequently arrested and brought before Cardiff Crown Court to face charges of breaching the sexual harm prevention order.
He pleaded guilty to the offence.
The order itself was part of a broader sentence handed down last November, which included a 17-month prison term that was suspended for 18 months.
This earlier sentence was imposed after Upton was convicted on multiple counts, including three counts of distributing indecent images of children, three counts of possessing such images, and an attempt to incite sexual activity involving a minor.
During the court proceedings, prosecutor Emma Harris explained that Upton, when questioned about the breach, claimed he did not think it necessary to disclose ownership of the new phone because he lacked the contact details to pass on.
His legal representative, Adam Sharp, argued that activating the suspended sentence for this breach would be unjust, emphasizing that Upton had previously communicated with his probation officer about the phone purchase.
The presiding judge, Recorder Greg Bull KC, acknowledged Upton’s explanation, describing the oversight as a “stupid error” stemming from a lack of understanding of the order’s requirements.
The judge accepted that Upton had informed his probation officer about the purchase, which indicated no malicious intent.
Recognizing Upton’s history of alcohol abuse, which he had been addressing through an alcohol abstinence order, the judge decided to impose a community order instead of revoking the suspended sentence.
Upton was sentenced to a 12-month community order, which includes 25 hours of unpaid work.
Additionally, he was ordered to pay prosecution costs of £420, payable at a rate of £20 per month.
Upton, who is currently receiving Universal Credit, will be required to adhere to these conditions as part of his ongoing efforts to comply with the law and address his past criminal behavior.
