A MAN who recorded images up girls' skirts in a Bournemouth shop for his own sexual gratification has avoided going behind bars.
Graham Martin John Smith, 62, was slammed by a judge for his "intrusive" and "disgusting" behaviour, which took place at the Co-op store in Belle Vue Road, Southbourne.
Smith, of Gardner Road, Christchurch, put his mobile phone in a shopping basket.
He went on to place the basket on the ground beneath the victim and her friend.
A hearing at Poole Magistrates' Court on November 11 was told this occurred on several occasions when he went into the store on December 10 last year.
The victim became aware of what the defendant was doing when his basket collided with her leg. She went on to report the matter and Smith was arrested.
In police interview, Smith said he had gone to the clifftop to watch the footage while smoking a cigarette.
Deputy District Judge Kirsty Allman said defendant had chosen to loiter behind the victim, who was a child "very clearly" under the age of 18. She said there was a significant degree of planning.
"On December 10 you violated her and her friend's privacy in a most degrading manner as they went about their daily lives," Judge Allman said.
She praised the victim for feeling capable of reporting what had happened.
The judge said the crime was aggravated by the fact Smith had also targeted an unidentified girl before the offence and tried to do the same thing to her.
While Judge Allman said the offence was so serious it crossed the custody threshold, she decided the sentence could be suspended.
Prosecuting, Richard Withey told the court the victim described being "alarmed and distressed" by what Smith had done.
The judge viewed CCTV footage from the store which showed him loitering behind the girls.
Smith pleaded guilty to a single charge of recording an image under clothing to observe without consent at a previous hearing.
Paul Legg, mitigating, said the defendant had no previous convictions and he did not share the footage with anyone else.
"He is somebody who has committed a huge aberration on one occasion," Mr Legg said. "Something he has apologised for."
The judge noted the defendant had told police in interview he had acted in a similar way before, while Mr Legg said Smith had told him "it did happen once or twice in the past".
Mr Legg said the offence had a significant impact on his client's relationship with his partner.
The court heard Smith had been threatened by vigilante groups following reports of his guilty plea to the offence.
"This has effectively destroyed his life," Mr Legg said.
He added: "He puts nothing forward as an excuse."
Smith, who is a self-employed renovator, knew his actions were unacceptable and wrong, Mr Legg told the court.
"He says he hates himself for what he did," the solicitor added.
Mr Legg said defendant was remorseful and apologised for the distressed he caused the victim.
Judge Allman told Smith: "The impact you suffered since this incident is all of your own making."
Smith was sentenced to 20 weeks' imprisonment, suspended for 18 months. He was placed on the sex offenders' register for seven years and issued with a sexual harm prevention order for the same period.
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