A MAN from Abergele has been spared jail despite breaching the suspended custodial sentence he received for sharing a sexual photograph of a woman.

Kevin Berger, 45, of Lon Dirion, was sentenced to 14 months’ imprisonment, suspended for a year-and-a-half, at Caernarfon Crown Court on January 12.

Berger, who had been found guilty after trial of disclosing sexual imagery with intent to cause distress, was also ordered to complete 30 rehabilitation activity requirement days, and 100 hours of unpaid work.

But he appeared at Mold Crown Court today (June 5) having been accused of breaching his suspended sentence order by missing an unpaid work appointment.

Berger admitted the breach, and was ordered to pay costs of £275.


Abergele man shared sexual photo of woman without consent

Abergele man ‘horrified’ woman by sharing sexual photo of her

Joshua Gorst, representing Berger, told the court he is “entirely committed” to completing his unpaid work requirement, having carried out 43-and-a-half hours so far.

He said his client runs his own business, which employs seven people, and which has numerous contracts it is expected to fulfil.

This was also Berger’s first breach of his suspended sentence, Mr Gorst said.

“He’s prepared to do whatever it takes, including completing the very minimum seven hours a week of unpaid work,” he added.

Judge Parry, presiding over the hearing, refrained from activating Berger’s sentence, but urged him to “just get it done”.

Berger will pay a fine of £150 and additional costs of £125 within two months for breaching the order.

“Nobody wants to activate this sentence,” Judge Parry told him.

“You’re a hard-working man, and you’re employing people, which is why you were given a chance in the first place.”

Berger lost an appeal against his conviction last November, prior to being sentenced two months later.

During his sentencing, the court heard that, on June 19, 2022, a photograph of  woman with no top on was taken, unbeknown to her.

Though Berger did not take the photograph, nor was he in the woman’s company at the time, he came in to possession of it and shared it on Facebook.

He also “tagged” the woman and her place of work in the photo, and also sent it to her mother, saying: “Look at the state of your daughter”.

A restraining order, preventing him from contacting the woman directly or indirectly for five years, was also issued to him.