A man who sent grossly offensive messages and images to a woman on the eve of her attending a family funeral was “in the grip” of a deep addiction at the time.
The unwilling recipient was so shocked, having seen the first few images, she could not bring herself to look at the rest, but it played on her mind through the following day, when she was at the funeral.
Durham Crown Court heard that the man responsible, Jonathan Kitson, was said to be so ashamed of his actions, more than two years ago now, that he could not bring himself to admit sending them until a late stage in proceedings.
The 42-year-old defendant originally denied sending a communication or an article of an indecent nature and was due to stand trial at the court earlier this month.
But he failed to attend the hearing and so a bench warrant was issued for his arrest.
It was executed within days and Kitson, of Vane Terrace, Darlington, was brought before the court last Friday (September 21), when he changed his plea to guilty to the indecent communication charge.
He also admitted a bail act offence for failing to attend the earlier hearing and received a two-week prison sentence, of which half was to be served in custody.
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Kitson appeared back before the court on Friday (September 29) by video link from Durham Prison, where he has been detained for the past week.
Martin Towers, prosecuting, said the main offence was committed overnight between August 16 and 17, 2021, when the victim, from out of the region, was due to attend a family funeral in Bishop Auckland.
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She was distressed on seeing the content of the messages, in which there were offensive and derogatory remarks made about her, as well as indecent images, and it was reported to police.
In a victim statement read to the court she said she could not understand why the defendant sent the messages and images and she found it, “dreadful and upsetting”, as she had not received anything like this before.
She said it remained on her mind during the day of the funeral and beyond, which she found, “absolutely awful”.
Kitson’s 39 previous convictions were said to feature mostly driving and drug-related offences, with only one similar matter, committed in 2020, for which he received a suspended sentence.
It went on to be activated following a battery offence.
But the court heard that in June this year, for two offences of sending malicious communication, committed more recently, he received a ten-week prison sentence suspended for a year, with a drug rehabilitation requirement.
Tony Davis, for Kitson, said that drug rehabilitation requirement had not begun when these proceedings came around.
Mr David told the court that the defendant asked him to pass on, “his most profound regret and apologies to the victim of this offence”.
“He has, throughout, though shame, been unable to accept his guilt, but finally did so, albeit at a very late stage.
“At the time (of the offence) he was in the throes of a deep, significant addiction to pornography and cocaine.
“A combination of those two toxic matters led him to behave in the manner he has.
“He would advance this was not a specifically targeted matter, but he accepts on the face of it, it may appear that way to the court.
“All he can do is to assure the victim of this offence that nothing like this will ever occur again.
“He has had a number of problems with illegal substances which ultimately led to this offending and on June 14 this year he was offered one final opportunity by the court with the suspended sentence he received.
“Thankfully, he began attacking that order with rigour and engaged with supervision from the commencement, but the drug rehabilitation requirement part of that order had yet to commence, along with 100 hours’ unpaid work he was ordered to do.
“The only way to address his issues with drugs is to allow the drug rehabilitation order to commence alongside the suspended sentence order he was made subject of.
“He’s at a crossroads. He’s had a taste of custody for the past week.
“His failure to attend trial, out of shame and embarrassment, was met with the immediate 14-day sentence.”
Recorder Tahir Khan said the victim of this offence did not deserve to receive such messages, which caused her "great distress".
But he told Kitson that having had a taste of custody he could suspend sentence on the current case to allow the drug rehabilitation element of the previous offence to begin to take effect.
He told Kitson: “You need to prove your willingness and your ability to take advantage of the opportunity to put things right.”
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The Recorder imposed a 12-month sentence, suspended for 12 months, during which the previous drug rehabilitation requirement can take place, with the first monthly review in the next 28 days.
Recorder Khan urged the defendant to take advantage of the opportunity offered to him.
If not, he warned him he risked having the 12-month prison term activated, adding: “It’s up to you now to make sure you don’t let everyone down.”
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