A MAN from Abergele who left a woman “horrified” and “embarrassed” by sharing a sexual photograph of her has been spared jail.

Kevin Berger, 44, of Lon Dirion, was sentenced to 14 months’ imprisonment, suspended for a year-and-a-half, at Caernarfon Crown Court today (January 12).

He had previously been found guilty after trial in May of disclosing sexual imagery with intent to cause distress, and then lost an appeal against his conviction in November.

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Prosecuting, Laura Knightly told the court that, on June 19, 2022, a photograph of the woman with no top on was taken, unbeknown to her.

Berger did not take the photograph, nor was he in the woman’s company at the time, but 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”.

Ms Knightly said the woman did not attend work immediately after this incident, feeling “too embarrassed” to do so.

She has since left the job she held at the time, and was said to have suffered a decline in her mental health since.

Defending Berger, who had five previous convictions for eight offences, Michael Gray said he has complied with the probation service since his conviction.

Berger, who works as a labourer and is a father, was said to have “nothing for this type of offence before” in terms of his previous convictions, meanwhile.

Sentencing, Judge Nicola Saffman ordered Berger to carry out 30 rehabilitation activity requirement days, and 100 hours of unpaid work.

Judge Saffman felt that the rehabilitative elements to Berger’s suspended sentence will prove more beneficial for the community than an immediate jail term.

She reserved Berger’s case to herself should he breach his suspended sentence.

She told Berger: “You are clearly an intelligent, articulate man… (but) you have adopted a very superficial approach to dealing with the allegations.

“This behaviour needs to be stopped. You don’t just start behaving like this at 44.

“The way you think, and the way your brain works when things go wrong, isn’t right at the moment. That will be addressed.

“I won’t be giving you any more chances, Mr Berger. On balance, I’m just suspending this sentence, because it will help women in the future.

“Probation are going to be all over you. You will have this one chance… (but) any breach, and I will have no difficulties in sending you straight to prison.”

Berger will also pay £500 in compensation to the woman, £900 in court costs, and £187 as a statutory surcharge.

He was handed a restraining order, preventing him from contacting the woman directly or indirectly for five years.