October 2014

Man jailed after walking into Keighley police station to admit sexually abusing little girl

A 57-YEAR-OLD man has been jailed for two years for sexually abusing a little girl more than ten years ago.

Philip Holmes walked into Keighley Police Station and confessed his guilt to indecently touching the child when she was aged around five years old, Bradford Crown Court heard today.

Holmes, of otherwise exemplary character, had worked in “a caring profession” for many years, the court was told.

His barrister Andrew Haslam said the abuse played on his mind and he thought that owning up to it might ensure his victim sought help.

The court heard that Holmes, formerly of an address in Keighley but now of Battenhall Hall Road, Worcester, told the police he sexually abused the girl on two separate occasions by touching her indecently.

Prosecutor Sarah-Kate McIntyre said the child told her mother but did not want anyone else to know at the time.

Years later, she overdosed and self-harmed because of what Holmes did to her.

Holmes pleaded guilty to two offences of sexually assaulting a child under 13 more than a decade ago.

Mr Haslam said he was deeply ashamed and full of regret at what he had done to the girl.

Holmes’ marriage was now over and he felt a deep sense of isolation.

Holmes must sign on the sex offenders register for ten years and the judge made an indefinite Sexual Offences Prevention Order banning him from contacting his victim.

October 2014

Child rapist’s 15-year jail sentence increased for wasting court’s time

A child rapist, who was brought to justice three decades after he preyed on under-age girls, has had the time he must serve behind bars increased by top judges.

John Robert Ridley, 62, raped a girl and abused her between the ages of 11 and 14 and also committed sex attacks on another girl who was just seven at the time.

Ridley, of Stephen’s Road, Murton, was jailed for 15 years at Newcastle Crown Court in June 2008.

He was convicted of 10 counts of indecent assault, plus indecency with a child and rape.

Today he asked top judges at London’s Criminal Appeal Court to grant him permission to appeal against his convictions after criticising his legal representation at trial.

But Lady Justice Hallett, Mr Justice Sweeney and Mr Justice Warby said his complaints were groundless and he was wasting the court’s time.

The judges handed him the equivalent of an extra six-month sentence as punishment for bringing his unarguable case to court.

Lady Justice Hallett said: “He was represented by distinguished solicitors and counsel. His trial was entirely fair. This is a hopeless case.

“Despite being warned … he chose to pursue what in our judgment was a totally unmeritorious application, which has wasted the time of the court.

“Such applications hamper the court’s ability to process meritorious applications. We make a loss of time served order of three months,” the judge concluded.

The loss of time order equates in real terms to an extra six-month sentence being added to Ridley’s existing stretch in prison.

October 2014

Wirral pervert avoids jail sentence because of delay in police prosecution

A paedophile caught with indecent images of children was spared an immediate jail sentence because of the “huge delay” in prosecuting him.

Pervert James Townsend, 50, had more than 1,000 child abuse images when police raided his house on Gilbrook Square, Wallasey, in March 2012.

Robert Wyn Jones, prosecuting, said it took Townsend five minutes to answer the door and police could see the “curtains twitching” while they waited.

They took away a computer and found 1,074 indecent images.

But Townsend was not brought to court for more than a year due to pressures within Merseyside Police’s computer crime unit and there were further delays because he pleaded not guilty before changing his mind as he was about to face trial.

He eventually pleaded guilty to 15 counts of making indecent images and possession of indecent images of children.

The court heard Townsend had been jailed for nine months in 2002 for similar offences.

John O’Leary, defending, said his client “needed help”, adding: “Something needs to be done or children will be placed at risk.”

Judge Stephen Everett, sentencing, said: “In this particular case there was a huge delay in bringing the case to court.

“It is clear to me well over one year went by before any steps were taken in bringing you to court.

“That is because of operational difficulties within the police section which dealt with identification of individuals.

“The court of appeal has been very clear that delays caused which are not the fault of the defendant should be taken into account when assessing the length and type of sentence.

“It would be wrong to ignore such a huge delay in this case.

“Had you been sentenced two years ago you would have been sentenced to an immediate term of imprisonment. I have little doubt about that.”

He sentenced jobless Townsend to 16 months in prison, suspended for two years, and ordered him to attend the Northumbria sex offenders’ program.

Townsend was also placed on the sex offenders register for ten years and given a sexual offences prevention order banning him from contacting children online or in person.

Judge Everett, added: “It hardly needs to me to say how disgusting all of this is.

“So often defendants come to this court and in their twisted minds believe they’ve done very little wrong in downloading these images but the harm is there for all to see.

“What you do is encourage people like that to carry out these terrible acts on young children.”

October 2014

Pervert judo coach jailed after sentence judged too lenient

A JUDO coach who was spared jail for molesting a schoolgirl and bombarding her with lewd text messages has started a two-year prison term after top judges ruled his sentence was too soft.

David Wright was handed a 15-month suspended sentence at Newcastle Crown Court in July after admitting three counts of indecent assault and one of inciting a child to engage in sexual activity.

The 52-year-old, of Houghton, was also given a sexual offences prevention order and ordered to remain under supervision for two years and complete a rehabilitation programme.

But judges sitting at London’s Criminal Appeal Court said that sentence was ‘manifestly too lenient’ – and replaced it with the two-year jail term.

Lord Justice Pitchford, sitting with Mr Justice Dingemans and Judge Peter Rook QC, said the crown court judge had not taken enough account of the impact of the crimes on the victim, adding: “This was not a finely-balanced sentencing exercise.

“This was a young girl at a delicate stage of her development.

“These offences will have long-term consequences on her psychology and, no doubt, on her relationships in future.

“The first time Wright sought help was once he was caught.”

The court heard Wright molested his teenage victim and then later began a campaign of text messages designed to groom the victim and tried to coerce her with offers of money and presents.

His sick behaviour was revealed when the girl’s mother discovered the messages on her mobile phone and called the police.

The court heard she was left ‘withdrawn and isolated’ following the offences.

When interviewed by probation officers, Wright said he had never had any sexual interest in the victim and blamed his offending on alcohol misuse.

Lawyers acting on behalf of the Solicitor General, Robert Buckland QC, argued the suspended sentence handed to Wright was ‘unduly lenient’ and urged the court to increase it.

Imposing the two-year term, Lord Justice Pitchford added: “This was repeated sexual assault upon a girl a fraction of his age.

“He effected to have no explanation for his contact, save for his misuse of alcohol.”

He said Wright was warned off by the victim but later started inciting her to further indecent acts by attempting to bribe her with money and gifts.

He added: “It seems to us that the offences were so serious that a suspended sentence of 15 months was manifestly too lenient.”

Wright was ordered to report to Gilbridge Police Station in Sunderland by 4pm yesterday to start his jail term.

Mr Buckland said later: “I referred this case to the Court of Appeal as unduly lenient because the original sentence failed to reflect the seriousness of the offences in the light of the victim’s age at the time the offences were committed. I also think insufficient weight was given in this case to the fact that there were repeated sexual assaults over a period of time.

“I am pleased that the Court of Appeal has today quashed the suspended sentence and instead introduced a jail term of two years.”

October 2014

Sex beast targets 13-year-old girl on Facebook

A pervert has admitted grooming a 13-year-old girl on the internet for his own vile sexual purposes

Anthony McGerty, used a fake identity on Facebook, Ayr Sheriff court heard

He encourahed the schoolgirl to take ‘selfie’ photos of intimate parts of her body

Despicable McGerty told the girl he would share the pictures with friends if she didnt send more

And he also provided a list of degraded photos that he wanted her to take of herself

Depute Fiscal said McGerty adopted the fake Facebook identity of Brian John

McGerty’s first requests were of a friendly nature – asking her for ‘selfie’ photos

He went on to ask for more photos but which showed the child in indecent poses, but she refused. The paedophile pressured the girl until she gave in.

The girl finally told her mum when the warped demands finally overwhelmed her.

The mother immediately contacted the police, and an investigation led them to Anthony McGerty at his former address in Oswald road, Ayr on August 29 this year

McGerty, now Seaforth road admits two charges, committed between May 1 and July 31

Locations of his computer were at Oswald road and at Spirit aero-systems in Prestwick

The first charge says he intentionally and repeatedly sent written sexual communication to a girl aged 13 years old, whilst using a false identity on the internet social media site known as Facebook

And that he requested the child provide him with photographs of herself in a state of undress

The second charge says he did this in order to intentionally cause the child to engage in sexual activity

McGerty was ordered to sign the sex offenders register and will be sentenced at a later date

October 2014

Oxford man guilty of sex assaults on schoolgirl

A man described as a “predatory sex predator” has been convicted of repeatedly having sex with a schoolgirl.

Paul Saunders, 22, of Horspath Road, Oxford, was found guilty at Oxford Crown Court yesterday of engaging in sexual activity with the 14-year-old between July 29 and December 20 last year.

He was also convicted of causing or inciting a second girl, who was 14 at the time, to engage in child pornography between January and December last year.

He was remanded in custody to be sentenced at the court on October 30.

October 2014

Nurse’s lewd act near primary school

AN auxiliary nurse was caught exposing himself just yards from a Wigan primary school, a court heard today.

Damian Devlin was spotted sitting in the driver’s seat of his car opposite the entrance to the school by a woman walking by.

She glanced inside the vehicle and realised with horror that he was performing a lewd act, said Peter Barr, prosecuting.

“She was shocked and shouted you ‘dirty, filthy, disgusting git’. He turned towards her and continued with his behaviour and she was very shocked.”

Devlin drove off but the woman was able to note down the registration number of his vehicle and told the police.

“She felt scared, her knees were weak and she was disguised particularly because of the vicinity of the school,” Mr Barr added.

The offence took place in Standishgate, Wigan, by St Mary’s Primary School at 2.55pm on May 8 this year.

When arrested and interviewed 46-year-old Devlin denied the offence and claimed that he had had to undo his trousers as he was having problems with his diabetic pump.

However, when later questioned about the allegation by his employers he made a full admission.

Sentencing Devlin, who has no previous convictions, Judge Andrew Menary, QC, said that because of the time and location it was inevitable there would be people and possibly children about.

He told Devlin: “Whether that was your motivation or not is difficult to understand.”

He said that such offences are sometimes the precursor for more serious sexual offending but added: “I hope it was a one off, never to be repeated.”

He made a three year supervision order with attendance on the stringent Northumbria sex offenders rehabilitation course and ordered him to sign the Sex Offenders Register for five years.

Devlin, of Atholl Grove, Hawkley Hall, Wigan, pleaded guilty at Liverpool Crown Court to exposure.

Duncan Phillips, defending, said that Devlin, a father-of-two, had put his family through tremendous trauma.

He said: “It has had a devastating impact on him. He understands his actions have had an effect on other people who put their trust in him and he has let them down.”

Devlin, who has never been in trouble before and is now seeing a counsellor over sexual issues, has lost his job and has attempted suicide.

“Whatever the decision of the court he has punished himself greatly for his actions,” said Mr Phillips.

October 2014

Pervert jailed for almost 10 years for manipulating 14-year-old schoolgirl into having sex

A BURSLEDON man has received a near ten year prison sentence after manipulating a vulnerable teenage girl into having an affair with him.

Andrew Bailey told the 14-year-old he was trustworthy and could give her advice when she told of a problematic relationship.

But Southampton Crown Court heard they had regular sex after she became ‘besotted’ with him.

At one stage, her distraught mother contacted the police who arrested him. After he refused to answer any questions about their relationship in interview, he was bailed on the strict understanding he must not contact her.

But Judge Peter Henry heard Bailey deliberated flouted the order, bombarding her with messages and making sure they would not be seen together in areas covered by security cameras.

Now the judge has branded the 27-year-old – who had two previous convictions for sex offences – as being a high risk of causing harm to girls, particularly those between 14 and 16.

”I have no doubt you are a dangerous person,” said the judge. “You must understand a child of 14 is still a child and vulnerable to the advances of adults who prey on them and cause them enormous damage.”

Prosecutor Charles Gabb aid the affair between the pair developed quickly after they had met in Eastleigh, and they first had sex on the former Eastleigh golf course.

Bailey knew her age but they still had a full sexual relationship without either taking any precautions.

Her mother however was increasingly suspicious of what was going on and her daughter became devious, trying to fob her off. Following advice, she contacted the police and Bailey was arrested However he was released with a child abduction notice and a warning not to contact her or any other girl under 16. Instead he ignored it, with each contacting the other and with him leaving 100 hundreds of messages a day.

They also deliberately went to places not covered cameras or CCTV so they would not be seen together.

Mr Gabb said they had talked about living together, getting married and having children, but it ended when she saw him with another 14-year-old. She collapsed, an ambulance was called and the police became involved.

Of the relationship, Mr Bagg commented: “She was besotted with him and the defendant got what he wanted, doing all he could to avoid detection so she remained on board with him.”

In an impact statement, the girl recognised she had been used and betrayed. She had been vulnerable and he had taken advantage of it. “He controlled me and took my away from my family and friends. I now realise he manipulated me from day one.”

Bailey, of Oak Road, Bursledon, admitted two counts of having sexual activity with a child and one of causing girl to engage in sexual activity.

The judge jailed him for 56 months with a five year extended licence. He was also placed on the sex offenders register and made the subject of a sexual offences prevention order, limiting his access to the internet and banning him from seeing the victim and being alone with any girl under 16. Both were ordered to run indefinitely.

In mitigation, Keely Harvey said by pleading guilty, Bailey had spared her the ordeal of giving evidence before a jury

October 2014

Man had sex with schoolgirl after contacting her on Facebook

A man started a sexual relationship with a 15-year-old girl after contacting her through Facebook to congratulate her on the birth of her baby.

Brian Cocker, 27, knew the vulnerable girl, who was living in foster care with her recently-born child, was 15 when he began giving her alcohol and having sex with her.

Cocker was placed on the sex offenders register on Thursday after he admitted having unlawful sexual intercourse with the teenager over several months.

Perth Sheriff Court was told that Cocker continued to see the girl after being warned off by her mother and later confessed to “being in love” with the girl.

Fiscal depute Rebecca Kynaston said it was only when the girl moved to a new home that the distance from Cocker meant she felt able to report him to the police.

Cocker, Galvelmore Street, Crieff, admitted having unlawful sexual intercourse with a child aged 15 between March 1 and June 30, 2012.

It is understood the girl, who cannot be named for legal reasons, had a baby around three months beforehand.

Mrs Kynaston said: “The accused was 25 years old and was having this relationship with a 15-year-old girl. He had met her through her ex-boyfriend and was aware of her age throughout.

“The accused made the initial contact. She had just had a baby with her then boyfriend. She was living in foster care with her child. It’s fair to say she was in a vulnerable position given her age and where she was living.

“He first contacted her on Facebook, congratulating her on the recent birth of her child. The accused asked her age and she confirmed she was 15.

“Shortly after she attended his flat and they both consumed alcohol and began kissing. Sexual intercourse occurred within the living room.

“The sexual intercourse was consensual and afterwards they sat chatting and watching a film. He continued to see her throughout April, despite contact from her mother stating he should stay away.

“He responded by stating he had feelings for her. Until June they continued to meet frequently, drink alcohol, and have sex. She moved to Perth and the distance between them seemed to end the relationship.

“In November and December he contacted her on Facebook and stated he was in love with her and wanted her back. It was only after putting distance between them that the complainer was able to contact the police.”

Cocker told the police the girl had given her consent and that he was fully aware she was under age. He told officers: “I feel stupid and embarrassed.”

Sheriff Michael Fletcher deferred sentence on Cocker for the preparation of reports and added his details to the sex offenders register.

October 2014

Convicted Northampton paedophile accessed indecent images of children “within hours” of getting community order for same crime

A convicted paedophile from Northampton has admitted that he retrieved more than 3,000 indecent images of young boys the day after he had been sentenced to a community order for possessing 90,000 similar photographs.

Charles Pearce, aged 60, of Semilong Road, Northampton, was given a three-year community order in May this year after he pleaded guilty to possessing and distributing, via a file share system, indecent images of children.

Despite the ‘starting point’ of the sentence for the offences being two years in custody, Recorder David Mason decided that Pearce, who was given a five-year prison sentence in 1980 for abusing a young boy, would benefit more from attending a sexual offences programme.

But Northampton Crown Court heard on Thursday that within hours of being sentenced Pearce went to a warehouse where he had stored a number of DVDs and VHS tapes featuring abuse of teenage boys.

The indecent images and videos, 349 of which were of the most serious category, were uncovered by officers in Northamptonshire Police’s ‘dangerous person’s’ unit when they went round to his home in June.

Mary Loram, prosecuting, said: “In interview he admitted that he had all the material prior to his arrest but said he did not have the strength to hand it over to police.”

After a full search of his home officers also uncovered a collection of newspaper cuttings relating to missing children and a pair of boy’s underpants.

A number of the video tapes also showed footage of Pearce abusing a teenage boy and, after contacting the victim , police found these offence took place some time ago.

In interview, Pearce admitted that he had looked at indecent images of children “most days” since he had been convicted of possessing illegal images.

Matthew Lowe, mitigating, said his client fully accepted that within hours or days of his conviction in May he had accessed child abuse images and brought back old DVDs and video tapes from a warehouse.

Judge Michael Fowler, sentencing, said Pearce had an obsession with collecting images of young teenage boys.

He said: “You amassed a vast collection of indecent images over a number of years. Even after you were dealt with in court in May you returned to a stash of indecent images. You also added to these with images from the internet.”

Pearce was sentenced to four years and nine months in prison. He will serve half before being released on licence. He must sign the sex offender’s register for the rest of his life.

Detective Sergeant Gan Thayanithy, from the Dangerous Persons Management Unit, said: “Pearce is a very dangerous man who, despite a recent conviction, continued to access abusive images of children.

“Sex offenders are monitored very closely and the fact that Pearce was re-arrested so swiftly when new evidence came to light bears testimony to that.

“We are committed to protecting children and will continue to trace those who abuse children, whether they are in Northamptonshire or in other parts of the world – there is no hiding place.

“Anybody who has further information about Pearce should come forward, no matter how far it dates back. Any information received will be held in the strictest confidence.”

Police also linked Pearce to a man in the United States with whom he had been sharing images. Details have been passed to CEOP and are being investigated by international authorities.

November 2009

August 2009

Portslade rape victim speaks of his ordeal

A rape victim has spoken about his trauma in the hope of inspiring others who have been attacked to contact the police.

Laurence was sexually abused by his grandmother’s partner between the ages of ten and 13.

Just days after his abuser, Christopher Morgans aged 61, was jailed for 14 years, Laurence has waved his right to anonymity in the hope of persuading other attack victims will come forward.

Laurence, of Portslade, said: “I don’t think I will ever forget what happened. Some of it I still relive in my mind and it still haunts me to this day.

“At first I thought I could deal with it by myself. But the more I thought about it, I knew I couldn’t go on until I had dealt with the past.

“I hope it will give other people the confidence to come forward and deal with other things from their past.”

The first time Mr Kimmins spoke of the abuse was in an argument with his mother in 2007.

With the support of her and Sussex Police, he gave evidence in court.

Morgans, 61, of Portslade, was found guilty of three counts of raping a male under 16 and three counts of indecently assaulting a boy under 14 at Lewes Crown Court last week.

The court was told the abuse happened while Laurence’ grandmother was at work.

Laurence said: “It wasn’t easy to come forward. That’s why it took so long. But at the end of the day it has all been worth it.

“The sentence was longer than I thought but it doesn’t take away what he did to me.

“I’m just glad justice has been done as it stops him doing it again to anybody else.

“Before I spoke to someone I couldn’t think about things like college, a career or relationships. But now I can look forward and think about the future.”

Detective Constable Tami Rubens, of Sussex Police, said: “Laurence has shown tremendous courage in reporting to police the dreadful events which happened to him when he was a child.

“I hope the verdict and sentence go a small way at least to helping Laurence and his immediate family move on from what has happened, and they can start to rebuild their lives.”

BLOB Are you a victim of sexual assault or rape? To report cases call 999 in an emergency or Sussex Police on 0845 6070999. For support and advice you can call the local Victim Support centre on 0845 389 9528.

March 2007

Man jailed for killing baby son

A man has been jailed for life for the murder of his baby son.

Matthew Ansell, 40, of Maldon, Essex, had denied murdering Harry Ansell, who died in Colchester General Hospital on 10 October 2004.

The five-month-old baby was injured after an incident on a boat moored at Tollesbury Yacht Harbour, in Essex.

Ansell was found guilty at Chelmsford Crown Court last month and on Monday was ordered to serve at least 15 years before being considered for parole.

The baby was injured while living on a boat in Tollesbury, Essex, with his mother and Mr Ansell.

The court heard that Ansell had picked up the baby and swung him around by the legs, hitting his head on a surface.

Ansell denied it and said he fell from his arms as he fed him.

A post-mortem examination indicated that he died as a result of non-accidental injuries.

Det Sgt Steve Harvey of Essex Police said: “Harry was an innocent four-month-old baby. He was defenceless when he was killed by his father Matthew Ansell and sustained three fractures to his legs as well as fatal head injuries.

“The death of a child under any circumstances is a tragedy and, in these cases, there are no winners, just losers.”

July 2009

Pervert’s jail term cut to three years

A SICK pervert who showed porn to six young children has had his jail term cut on appeal.

One of 48-year-old Keith Mawson’s victims was just nine years-old when he targeted her, and the oldest was just 14, London’s Appeal Court heard.

Mawson, of Badger Road, Woodhouse, Sheffield, admitted nine counts of engaging in sexual activity in the presence of a child and 12 of causing a child to watch a sexual act at Sheffield Crown Court.

He was jailed for four years in February this year.

But that sentence was today slashed to three years by Mr Justice Jack, sitting with Lord Justice Richards and Judge Michael Findlay Baker QC, at the Court of Appeal.

Ruling the original term “manifestly excessive”, the judge said Mawson suffered low self-esteem following the death of his mother, whom he had lived with, in 2006.

“He had always lived at home and had given up employment in 1993 to look after his father who had cancer,” the judge added.

Mawson had also had problems at school and had very few friends, but was “adamant he had no sexual interest in children” and had not actually touched any of his victims in an inappropriate way.

However, underlining the seriousness of the case, Mr Justice Jack said: “Mawson certainly did create the circumstances in which the offences took place and he deliberately watched the videos when the children were there and committed sex acts in front of them.

“He is no doubt an unhappy and lonely man, but this is the gratification which he chose.”

But the judge concluded the seriousness of the offending did not justify a four years sentence after a guilty plea.

“The appropriate sentence is one of three years.” he said.

Neil Walgate, 48, who murdered a 15-year-old boy in 1999

1. On 17 November 1999, after a trial before myself (as a High Court Judge) and a jury at Lincoln Crown Court, Neil Walgate (pictured above)  of Beacon Park Drive, Skegness was found guilty, by a majority of 10 to 2, of murder. 

He was sentenced to life imprisonment.  His case has now been referred to the court, pursuant to paragraph 6 of schedule 22 to the Criminal Justice Act 2003, for the determination of his minimum term under section 269 of the 2003 Act.

The circumstances of the offence

2. The following account is taken from my report to the Home Secretary following the trial.

3. The deceased was a 15 year old boy who died on the beach at Skegness on the night of 2-3 January 1999. 

The cause of death was suffocation:  his head had been pressed down firmly into the sand for some 20-30 seconds. 

Sand had also been heaped around the head, but this must have been done after death, possibly in an aborted attempt to bury the body. 

There were injuries to the left side of the mouth and to the neck which were the result of two separate blows but were not themselves significantly incapacitating.  He was found lying face down in the sand, with his arms folded under him.  His jeans had been undone and partly pulled own to expose his buttocks. 

He had defecated, probably as a bodily reaction when suffocating. 

There were faeces on the inside and outside of his clothing and a small quantity was pressed into the hair at the back of his head. 

His penis was partly protruding from his clothing. 

The position and state of the body suggested that sexual activity had taken place or was about to take place at the time of death.

4. The defendant was a homosexual man, aged 32 at the time of the offence, who lived with his male partner in the town. 

His homosexuality was widely known.  He socialised a lot with teenage boys and young men, seemingly using the social smoking of cannabis as a means of ingratiating himself.  But he had no record of sexual offending or of violence.

5. The deceased and the defendant knew each other.  The deceased tended to mix with people somewhat older than himself.  He knew that the defendant was a homosexual.  The evidence about the deceased’s own sexuality was not so clear-cut.

6. On the evening of 2 January the deceased and the defendant met at a night club in Skegness, to which each had gone separately with his own group of friends. 

During the evening they chatted and sang karaoke together.  The atmosphere was very friendly.  One witness described the deceased as following the defendant around and touching him, though more a ‘mates together’ gesture than a sign of affection.

7. The defendant and the deceased left the nightclub together at just before 11.30 pm.  By that time the deceased had had a lot to drink:  the post mortem found his alcohol level to be about three times higher than the legal limit for driving.  The evidence was that the drink was bound to have some effect on him but would not have incapacitated him.  He had also smoked a small quantity of cannabis, but not enough to show up on later tests.

8. The defendant and the deceased were seen to walk quite fast, ‘linked together’, in the direction of the beach.  They were not seen returning.  The deceased was not seen alive after that.  His body was found on the beach the next morning.  It had been there for many hours but the precise time of death could not be established.  The next identification of the defendant, collecting his bicycle from the house where he had left it before going to the nightclub, was some 15-20 minutes after he had been seen walking with the deceased in the direction of the beach.  This was almost certainly the period during which the offence was committed.

9. The defendant eventually admitted to the police – in his 17th interview – that he had gone down to the sea-front with the deceased, but denied going onto the beach with him.  His account was that he had had oral sex with the deceased in the toilets of the nightclub; he had then gone to the sea-front with the deceased at the deceased’s request in order to pick up a package (he understood it to be a package of drugs); two men had appeared and he thought that a deal took place between them and the deceased; one of the men then threatened the defendant with violence if he talked about it; and the defendant then ran off in fright, leaving the deceased behind with the two men.

10. The defendant did not give evidence at the trial.

11. The jury must have disbelieved the defendant’s account to the police and must have been sure that (i) it was the defendant who pressed the deceased’s head into the sand, causing him to suffocate, and (ii) at the time of that act the defendant intended to kill the deceased or to cause him really serious harm.

12. The most likely explanation for what happened is that the defendant started to engage in consensual homosexual activity with the deceased but lost his self-control in a state of sexual excitement, holding the deceased firmly down despite the deceased’s struggles to breathe.  There was no evidence of premeditation or planning.  It is impossible to say whether the jury found an intention to kill or simply an intention to cause really serious harm.  In either case, however, the intention must have been formed suddenly at the time of the incident. 

13. In my report to the Home Secretary I made the observation, based on my assessment of the evidence at the trial, that although a finding of murder was open to the jury, a finding of manslaughter would not have been in the least surprising.
Legislative framework and procedural matters

14. In determining the minimum period to be served, I have directed myself by reference to the provisions of schedule 22 to the 2003 Act, in particular paragraphs 6-8, and to the provisions of section 269, including the need to have regard to the principles set out in schedule 21 in considering the seriousness of the offence.

15. An important feature of the relevant provisions is that the minimum term specified by me must not be greater than that which, under the practice followed before December 2002, the Home Secretary would have been likely to notify as the minimum period to be served before the defendant’s release on licence.  Account must also be taken of any period served in custody on remand before sentence was passed.

16. The material I have considered includes representations made by the defendant’s solicitors to the Secretary of State, dated 29 November 2002, and further representations made to the court, dated 23 June 2004.  In a letter dated 25 January 2005 the defendant’s solicitors requested an oral hearing.  I have considered that request but have concluded that a hearing is not necessary and that the matter can fairly be determined on the papers (see R (Hammond) v Secretary of State for the Home Office [2005] UKHL 69). 

17. The material I have considered also includes letters from the deceased’s mother and sister describing the impact of his death upon the family.
Discussion and decision

18. In determining the minimum term, the starting point under schedule 21 to the 2003 Act would be 15 years:  I do not think that the offence should be categorised as “a murder involving sexual or sadistic conduct” so as to call for a 30 year starting point under paragraph 5 of schedule 21.  The starting point under the regime operating at the relevant time (see paragraph 8 of schedule 22 and paragraphs IV.49.14-IV.49.21 of the Consolidated Criminal Practice Direction, as amended) was 14 years.

19. The principal aggravating factor is the youth and vulnerability of the 15 year old victim, especially bearing in mind the much greater age of the defendant and the apparent homosexual context.

20. The principal mitigating factors are the lack of premeditation or planning and the absence of previous convictions in respect of remotely similar offences (though the defendant was not of good character:  he had convictions mainly for offences of dishonesty or minor instances of obstructing the police, but had also received a suspended sentence of 12 months’ imprisonment in 1991 for having a firearm with intent to resist arrest).  I also think it right to proceed for this purpose on the basis that the defendant’s intention at the material time was to cause really serious harm rather than to kill.

21. In my report to the Home Secretary I observed that the defendant’s adherence to a lying account and the absence of any clear expression of remorse deprived the defendant of substantial mitigation that would have reduced the recommended term.   In his solicitor’s representations it is said on his behalf that, whilst maintaining his innocence, the defendant is remorseful for the victim’s family and understands that the family will continue to suffer as a result of their loss.  I take that into account but do not regard it as having a significant effect on the minimum term.

22. The representations state that the defendant has made good progress in prison and has been of exemplary behaviour.  I am prepared to accept those points, though I have not been given supporting details.  But in my view the case does not fall within the exceptional category where progress in prison might justify some reduction in the minimum term (see Cole and Others v Secretary of State for the Home Department [2003] EWHC 1789, paragraph 88).

23. The representations also suggest that the delay that has occurred in setting the minimum term since the conviction in November 1999 will have a detrimental effect on the defendant’s progress, as there is no indication of when his first review or tariff expiry review will take place.  I am not satisfied that the delay will have any adverse effect of that kind, but I take into account, as a point in the defendant’s favour, the fact that he has been left in a position of uncertainty for such a long period.

24. In my report to the Home Secretary I recommended a minimum term of 12 years.  On the basis of my report the Lord Chief Justice observed that the defendant was perhaps unfortunate to be convicted of murder and that, assuming the correctness of the verdict, a term of 12-13 years seemed appropriate.

25. In all the circumstances I have decided to make an order under section 269(2) of the 2003 Act that the early release provisions are to apply to the defendant as soon as he has served 12 years of his sentence, less the period of 10 months 6 days spent in custody on remand. 

October 2014

Deviant rapist got schoolgirl pregnant

A WIGAN child abuser has been jailed for nine and a half years after getting a schoolgirl pregnant.

A court heard that Lucas Hojka first began having sex with the girl when she was just 11 years old when they both lived in Poland and it later continued after they separately moved to England.

Jailing 25-year-old Hojka, who pleaded guilty to 10 rape offences and five of sexual activity with a child, Judge David Aubrey, QC, said the victim had been “extremely vulnerable”.

He said: “There was an element of grooming in this case which permitted you to continue having sex with her on a number of occasions.”

He said that the girl had been “infatuated” with Hojka and sometimes consented to sex and on other occasions acquiesced. The fact that he got her pregnant was an extremely aggravating factor, said Judge Aubrey.

He ordered Hojka, of Belle Green Lane, Ince, to sign the Sex Offenders’ Register for life and imposed an indefinite Sexual Offences Prevention Order banning unsupervised contact with girls under 16.

Arthur Gibson, prosecuting, told Liverpool Crown Court that Hojka is about 10 years older than his victim. The offences began in Poland when she was 11 and he kissed her and told her he loved her. “She was clearly bowled over and became infatuated with him.”

She started meeting him instead of going to school and eventually agreed to his request for sex and this took place on about another 10 occasions always without contraception. Sometimes it was consensual and sometimes because he otherwise threatened to tell her mum.

“She became a ‘bad kid’ and started drinking. As a result a decision was made to bring her to the UK to live with relatives. She came with her mother and there was no contact with the defendant for three years,” he said.

In 2013 Hojka and his partner moved to the UK and the offending re-commenced and again he threatened to tell her mother. On the last occasion she became pregnant and she had a termination earlier this year. The police became involved and she revealed what had happened, including saying on two occasions he had hit her.

These involved him once slapping her face and once punching her in the stomach while she was pregnant.

When arrested and interviewed Hojka refused to answer questions, said Mr Gibson.

October 2014

Serial flasher ruined the lives of his young victims

A FLASHER who sparked a police hunt across two force areas was told yesterday (Thursday, October 9) he had ruined the lives of his young victims and their families.

Keith Whitworth was arrested after the fifth in a series of incidents, which happened in Darlington on August 15 and involved a 12-year-old girl.

Earlier, the 37-year-old had struck in Catterick Village and Bedale, in North Yorkshire, and in Darlington and Newton Aycliffe across the summer.

A warming was published in The Northern Echo newspaper as police looked for the driver of a black Volkswagen Polo.

It was CCTV which captured a full licence plate and Whitworth, of Burneston, near Bedale, was arrested.

He confessed to another exposure offence in Newton Aycliffe in January, and has since admitted his activities have he been going on for three years.

Wheelchair-user Whitworth was due to be sentenced at Teesside Crown Court yesterday, but Judge Michael Taylor said he needed to know how the defendant would manage in prison, and how the authorities will cope with his disabilities.

Prosecutor Sue Jacobs said the offending terrified some of the children who saw Whitworth flashing and carrying out a sex act.

In an impact statement, a 12-year-old girl revealed how she now rarely sleeps, and if she hears noises she thinks Whitworth is trying to break into her home.

She said: “I want him to know it has ruined my life . . . my confidence has crumbled . . . I used to love playing out. I will never be the same girl again.

Her mother told Judge Taylor how she has gone from a “kind, sensitive and polite” child to a worrier who is withdrawn, self-conscious and scared.

She said: “I want him to know that as a result of him getting his little kicks, he has changed her life for the worse.”

Another mum said: “I am horrified at what happened, and my family have been deeply and emotionally affected by it. The children have been broken.”

Whitworth, who admitted two charges of engaging in sexual activity in the presence of a child and four of exposure, was remanded in custody until October 27.

His barrister, Tom Mitchell, told the court: “If a non-custodial option was exercised in this case, it would come with a condition he gets the maximum period of treatment.”

October 2014

Dad-of-three jailed for sexually abusing schoolgirl

FATHER-OF-THREE Matthew Leese has been jailed after he sexually assaulted a schoolgirl.

The 34-year-old left his victim scared and upset after touching the youngster over her clothing.

The ordeal left the girl having nightmares and she would often wake up screaming in the night.

The alarm was raised by the girl’s mum after she reported what had happened.

Leese denied sexual assault of a child under the age of 13 after being charged by police. But he was convicted after a trial at Stoke-on-Trent Crown Court last month and was yesterday jailed for six months.

He has also been placed on the sex offenders’ register for 10 years and been barred from activities involving children and young adults.

The court heard Leese, of no fixed address, is now prepared to accept there may have been accidental contact with the victim at the house in North Staffordshire.

Joanne Wallbanks, mitigating, said Leese is a family man who has had to leave his family home since he was convicted.

The court heard Leese’s relationship with his wife remains strong and calls were made to keep him out of prison.

Miss Wallbanks said: “The help that is needed for him can be provided in the community. He is willing to take whatever help is offered.

“He has suffered indirectly as a result of this conviction. Not only he, but his family.

“He is not likely to trouble the court again.”

Judge Paul Glenn said the offence was so serious that the defendant had to be jailed.

Jailing Leese, Judge Glenn said: “I do not know what came over you when you behaved like the jury unanimously found you did.

“It was short-lived. It may have been spontaneous. You had not behaved in that way before. You have not done since.

“You caused no physical injury, the touching was over clothing.

“What you did plainly upset a child. She complained to her mum. The mother said she was physically sick.

“The child’s own evidence was that she was scared. She had nightmares, she would wake up screaming in the night.

“For six or seven weeks she would not sleep in her own bed. She was affected.

“Having to attend court to relive events will have had some effect on her.”

October 2014

Mother of schoolboy hits out after bus driver given suspended sentence for sexual abuse

The mother of a teenage boy who was sexually abused by a bus driver from Peterborough has spoken of her year of hell after the culprit avoided a jail term.

Robin Harris (49) of Holmes Way, Peterborough, spanked the 14-year-old boy, and gave the youngster money.

On Thursday he was sentenced at Peterborough Crown Court after pleading guilty to sexual activity with a child at a previous hearing.

Judge Peter Murphy gave Harris a 12 month prison sentence, suspended for a year. Harris was also given a sexual offences prevention order for five years, banning him from unsupervised contact with boys aged under 16, and ordered him to sign the Sex Offenders Register for five years.

Speaking after the sentence, the boy’s mother said: “I did expect a prison sentence for him, and I was hoping for a prison sentence.

“He was a bus driver and misused the trust he was given.

“He should have been forced to sign the Sex Offenders Register for life.”

The Peterborough boy, who cannot be named for legal reasons, only told his mum what happened after she became suspicious about money put on a computer game account.

She said: “We have been through hell. He went from being a happy, normal 14-year-old to one who would not go out on his own. He does not trust people like he used to.

“He still worries, and he thinks it seems that Harris has got away with it.

“It came about when some money went into my son’s Playstation account. I asked where he got the money, and I didn’t believe the story he told me, so I told him if he did not think he could tell me, then he could write it down.”

At the sentencing hearing Claire Matthews, defending, said: “A suspended sentence is the most appropriate sentence. He is ashamed and remorseful.”

Judge Murphy said there had been a breach of trust in the offending behaviour. He said: “It seems to me that this offence is by no means as serious as other offences committed of this kind that come before the courts. I am not minimising the offence. Hopefully no real lasting harm has been caused to the victim.”

A spokesman for Amey, who ran the service Harris drove on, said: “As soon as we were made aware of the allegations we immediately suspended the individual in question and revoked his licence. He is no longer employed by Amey.”

October 2014

Man lured youngsters with gifts then subjected them to rape and abuse

A man raped a 12-year-old girl and had sex with two other youngsters before being snared in a major police investigation.

Javaid Akhond, 20, preyed on young girls and lured them to have sex by spending money and inviting them to house parties.

One victim was aged 12 when targeted while she was out ice skating with friends.

She told a jury how she thought Akhond “loved” her before he was arrested as part of a major Police Scotland investigation.

Akhond arrived in Scotland as a teenager seeking asylum from Afghanistan and got a job working in a fast food restaurant.

He built up a close network of friends and Akhond soon began prowling Glasgow city centre on the hunt for young “highly impressionable” girls.

His first victim initially claimed she was 16 but within days Akhond found out her true age. The court heard the fact she was only 12 “made no odds” to him.

Akhond repeatedly pestered the child to visit his flat in the city’s Shawlands and eventually she agreed.

The girl recalled: “I went to the flat more than once – he made suggestions what we do. He wanted us to spend time together in a different room. I thought he loved me and wanted to talk about it.”

The court heard how with a “sordid inevitability” Akhond eventually had sex with the youngster.

Akhond then targeted the girl’s 13-year-old friend and tried to impress by buying her clothes and taking her for meals.

This youngster told the jury: “I thought it was good at the time, but I feel he used me. He wanted me to get closer to him and promised me all this stuff.”

Akhond invited her to house parties, where a string of other young girls were also present, and eventually had sex with her as well.

He then went on to have intercourse with a 15-year-old girl in 2013. Akhond was convicted of a string of charges following a trial last month.

These included raping the first girl, due to the fact she was under 13, and having underage sex with the two others girls.

He was also found guilty of two grooming charges and two charges of assault. Lord Turnbull jailed Akhond for a total of six years on Thursday.

Akhond was snared as part of Operation Dash, set up in 2013 to root out child sexual exploitation across the Strathclyde area.

He is now in jail after a judge sentenced him to six years in prison in what is thought to be the probe’s first conviction.

Judge Lord Turnbull said: “The evidence satisfied me that you actively sought out to target and groom young vulnerable girls who you knew to be much younger than you and who you expected to be impressionable.

“The conduct you were convicted of constitutes serious sexual offending.” The Operation Dash probe was set up with officers working in partnership with the charity Barnardo’s Scotland.

It was reported earlier this year that some cases of sexual exploitation being investigated bore similarites to the organised abuse of youngsters in Rotherham.

Prosecutor Richard Goddard told a jury at the High Court in Glasgow: “Javaid Akhond was a man who set off on an easily recognisable course of criminal conduct towards females of a certain age bracket and had sex with them whether the law allowed or not.

“In one girl’s words ‘he wasn’t bothered’. He first started grooming a 12-year-old girl in 2011 after approaching her as she was ice skating with friends in the city’s George Square.”