An Angus man who sent an explicit phone snap to the ex-girlfriend of his dead brother with the question: “Do you think it’s small?” has avoided the sex offenders’ register.
Ricky Wells had asked the woman in the lead up to the incident whether he could ask her a personal question, but she was shocked when the 27-year-old from Forfar sent the photograph on Facebook messenger.
Wells admitted the offence when he appeared at Forfar sheriff court, but his solicitor successfully argued that the accused should not be made subject to notification requirements after saying the offence was “odd” rather than sexually motivated.
Wells, of Glenclova Terrace, appeared at the town’s sheriff court for sentence having previously admitted behaving in a manner likely to cause fear and alarm by sending the woman the image last November.
Depute fiscal Stewart Duncan said the victim had been at home with her partner when she was contacted by Wells, and several social media messages were exchanged.
“They were basically catching up, but shortly after he sent three private messages, beginning with one which stated: ‘Can I ask your opinion, I need an honest female opinion’.”
The woman agreed and Wells then sent her the photograph, with the message: “Do you think it’s small and please don’t take it the wrong way.”
Her partner then got involved in a Facebook argument with Wells and when the accused later attended at Dundee police office on a different matter, the offence was raised.
Defence solicitor Billy Rennie said: “After he sent the image and the questions he did follow it up with a message saying ‘Maybe shouldn’t have sent that, LOL’
“This was not something he was doing for his own sexual gratification, it was an impulsive act while intoxicated.
“There was no sexual motivation and I would suggest it is more odd than anything else,” said Mr Rennie, adding that there had been no interim registration order applied from when Wells first admitted the offence.
Sheriff Pino Di Emidio said: “It does seem to me that it is not a matter for notification.”
He imposed a one-year Community Payback Order, including a supervision requirement, as an alternative to prison.
