Two 'lucky' Devon criminals walk free - judge explains why

Exeter Law Courts (Google)
-Credit: (Image: Reach Publishing Services Limited)


A judge has explained why two "lucky" Devon criminals facing jail have walked free - saying it was in the public interest to rehabilitate them. In two separate cases heard in Exeter on Wednesday the defendants committed crimes serious enough for immediate prison.

One was a drug dealer running his own cocaine supply business. The second, a paedophile bus driver who sent sexual messages to 12-year-old 'girl' online, not realising she was actually an undercover police officer.

It comes as the criminal justice system wrestles with an ongoing crisis and issues including overcrowded prisons, delays, low morale among barristers, lack of funding and criticism of "lenient" sentences for figures like the disgraced ex-newsreader Huw Edwards.

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In her remarks Recorder Joanna Martin KC explained the difficult balancing act judges have to strike between punishment, protecting the public and trying to make sure criminals don't offend again.

NATHAN BROWN

Nathan Brown, aged 38, of Church Road, Exeter, pleaded guilty to a single offence of possession with intent supply cocaine. The court was told the offence happened on April 13, 2021 and involved being stopped by police in Exeter in possession of a large amount of cocaine.

In mitigation, it was said that Brown was an "award-winning" telecommunications engineer who will keep his job and has been clean for two years. At the time of the offences he was grieving after a bereavement in the family.

Recorder Martin KC said: "Three and a half years ago you got yourself involved in the supply of cocaine. You knew it was wrong and that's why you lied in interview when you were caught by police. Had you not been caught you would have carried on doing it regardless.

"But you were stopped and you had £1,625 worth of cocaine and some cannabis and you were dealing direct from your car to drug users.

"A chunk of your mitigation was your psychological addiction to cocaine. You knew the impact but were doing the same thing to everybody else. You were thinking about 'woe is me' and not the impact on other people.

"I have to sentence you for that offence. I have to wrestle with what is best and most appropriate sentence for you and the public."

When passing sentences judges have to refer to sentencing guidelines set out by Sentencing Council - an independent body that is part of the Ministry of Justice.

Recorder Martin said the starting point for Brown was four and half years in prison.

"You did know what you were doing. You were operationally in control of the amount you had in the car given to you by a person up the chain. You weren't simply a courier - you were in charge of your own little business."

The judge took account of aggravating and mitigating factors. Brown has no previous convictions.

"You have a lot of mitigating factors," she told Brown. He had suffered a "double whammy" blow in his personal life when his partner left him and the death of his father.

The delay of three and a half years since the offence took place also counted in Brown's favour.

With mitigation, the sentence was reduced from four years and six months to two years and eight months. The defendant was then entitled to a 25 per cent discount for pleading guilty, taking it two two years.

Once a sentence reaches two years the judge has to consider whether it would be better to suspend the sentence or send the criminal straight to jail.

"This case is a case appropriate to be suspended," said Recorder Martin. She said it had not been and easy decision to make.

"By rights you should be finding yourself going straight to prison." She said part of the reason for suspending the sentence was the delay in the case and partly so he could continue to make progress in his personal life.

"You are so lucky today and this really is your last chance. If you commit any further offences within the period of the suspended sentence and are found in possession of cannabis or cocaine or if you do anything in the next two years you will be going to prison. The judge will have no option."

Brown was given a two-year sentence, suspended for two years. He must do 150 hours of unpaid work and stay indoors overnight as part of a three-month curfew.

IAN SMITH

In an entirely separate case Ian Smith, aged 64, of Princes Road, Torquay, was sentenced after pleading guilty to being an adult who attempted sexual communication with a child.

Between dates in February and March this year Smith struck up an online conversation with the profile of a 12-year-old girl he did not realise was a police decoy. The conversation started on Chatiw before moving to Kik.

The 'girl' made clear she was 12 but Smith said he 'loved her age'. He pestered her for pictures, in and out of uniform, and sent one of his penis. He said he "had to be careful" and stopped messaging because he didn't want her to get into trouble.

Police executed a warrant at his address and arrested Smith. He told police it was all a fantasy and didn't think she was a real person. He said he had been viewing 'child porn' and wanted help.

In mitigation it was said Smith was a grandfather with no previous convictions who had taken "considerable steps" to get back on track. He had lost his job as a bus driver as a result of his crimes and knew he had disgraced himself.

Recorder Martin said Smith had made some attempts to minimise his behaviour, probably because he was ashamed. She said the offence passed the custody threshold but was an "ideal case" for a suspended sentence to protect the public from further offending.

A pre-sentence report by the probation service recommended he attend an accredited sex offender programme as part of his rehabilitation.

"You know what you were doing was appalling and has brought shame. But getting the help you need is the best way I can see for protecting the public and protecting the public and children from men who are paedophiles - and that's what you will now always be seen as."

She said the starting point for sentencing was 18 months but this had to be reduced down because of a lack of previous convictions and because he voluntarily made a decision to stop what he was doing and there was no illegal material found on his devices.

"Taking off full credit for your guilty plea reduces the sentence to six months. The sentence will be six months, suspended for 18 months."

Smith must do 30 rehabilitation days to address his sexual offending. "You are going to spend time talking about this. You really need to open up about it, however painful it will be."

He must also do 200 hours of unpaid work but pay no costs because he has lost his job.

"The protection from the public from you doing this again comes not simply from that punishment and the suspended sentence hanging over you but also from the Sex Offender Register you have to sign for seven years and the Sexual Harm Prevention Order that sets out all sorts of prohibitions and requirements not to act the way you acted and closely monitor you.

"I hope you get the support you need to get you through this."