A man who took intimate images of a woman while she slept has been put on probation for 18 months.

Forty-nine-year-old Robin Shaun Kelly claimed he could not remember taking the pictures, which were taken after the woman had been prescribed medication.

Kelly pleaded guilty to an offence of provoking behaviour and was also ordered to pay £125 in prosecution costs.

Prosecuting advocate Hazel Carroon told the court that the defendant was known to the woman.

On July 3, the woman was prescribed medication and went into a deep sleep.

When she woke up the following day, Kelly told her: ‘I took photos of you.’

He later showed her the images he had taken.

A few days later, again at her home, the woman took Kelly’s phone while he was in the shower and attempted to delete the images, but was unsure if she had succeeded.

An argument followed and she contacted police to report the matter, saying he had taken intimate images of her without her consent.

When interviewed, Kelly, who lives at Drury Terrace, denied taking any indecent images.

However, his phone was seized and two images were recovered, which the woman confirmed were the same photographs he had shown her.

Defence advocate Deborah Myerscough entered a basis of plea on behalf of her client, in which Kelly said he had no recollection of taking the images and had been taking medication and drinking alcohol at the time of the offence.

A probation report said the defendant had shown little remorse and had been dismissive about the impact of the incident on the victim.

The report also said Kelly had struggled with his mental health.

Ms Myerscough said her client had accepted the case, despite having no recollection of taking the images, as it was not possible for the woman to have taken them herself.

She said Kelly had no previous similar incidents and had consumed alcohol on top of prescription medication.

‘He needs to understand other people’s perspectives,’ the advocate said.

‘Often people with mental health issues, and who drink, find it difficult to understand how others feel, if they have no memory of the incident.

‘He needs to go through the process of understanding how victims feel.’

Deputy High Bailiff Ms Braidwood told Kelly: ‘This was an invasion of privacy.

‘The victim was clearly in a vulnerable position and trusted that she could take medication and be safe in your presence.

‘It is particularly concerning that the images were taken while you were under the influence of alcohol and medication, and that you have shown no remorse for your actions.’

Kelly will pay the costs at a rate of £15 per week, deducted from benefits.

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