June 2014
Sentence slashed for Milton Keynes Asperger’s Syndrome man who had sex with 13-year-old girl
A Milton Keynes man who repeateadly had sex with an underage schoolgirl has convinced top judges to slash his sentence by more than a third.
Jonathan Devonshire, 20, who has Asperger’s syndrome, bedded the 13-year-old despite knowing she was below the legal age of consent.
Devonshire, of Radstock Crescent, Broughton, was handed two years and four months in a young offenders’ institution in February after he admitted two counts of sexual activity with a child, at Aylesbury Crown Court.
But today, three senior judges at London’s Appeal Court upheld a challenge by Devonshire – saying his sentence was “manifestly excessive” and cutting it to 18 months.
Sir Colin Mackay, sitting with Lord Justice Jackson and Mr Justice Andrew Smith, said Devonshire had protected and unprotected sex with the girl before police were alerted by her family.
He was hauled in by cops and admitted the consensual but illicit encounters, pleading guilty at a early stage.
The judge said that Devonshire had a diminished appreciation of the consequences of his actions because of his Asperger’s, but knew that what he had done was wrong.
He was, nonetheless, not a dangerous person and had no previous convictions, Sir Colin added.
On appeal, Devonshire’s barrister, James Fletcher, argued that the sentence was far too long – given his disability and frank admissions – and called for him to be freed on the spot.
As Devonshire, dressed in a white T-shirt, watched via video link, Sir Colin said: “There is force in the submission, although it does not justify going to the extent that Mr Fletcher invites us to go by considering a non-custodial sentence.
“It was a significantly serious matter, with the aggravating factors which we have mentioned, but, in our judgment, the sentence imposed was manifestly excessive.”
Reducing Devonshire’s sentence to 18 months, the judge concluded: “To that extent this appeal is allowed,” he concluded.
