An adult paedophile that molested a child was not sentenced because he’s no longer “the same man” after suffering a brain injury in a car accident.
John Brady was a former Toxteth, Liverpool resident but is now Southport. He sexually abusing a 6-year-old boy when he turned 18 in the 1990s.
This young victim sustained psychological trauma and is currently suffering from depression.
However, his abuser was later involved in an accident that resulted in him suffering a “life-altering” brain injury. Now, he lives with adult foster parents.
Judge David Swinnerton stated that “The man standing in front of you is not the one who committed this offense.”
Brady (now 45) has denied the following: four counts for indecency in a relationship with a child, and two counts for indecent assault upon a man, both relating to a period of three years.
Following a Liverpool Crown Court trial, however, he was found guilty only of the one charge of indecency and child abuse.
John Brady, 45, sexually molested a 6-year-old boy when he had just turned 18 in 1990s.
Brady received a statement from Judge Swinnerton, stating that Brady was too young to have suffered the abuse. However, Brady said that his victim was much more young and vulnerable.
According to the judge, the boy entered a room to find that the door was open and he was masturbating.
He stated that he was asked “if he’d like to have a go”, and that he had been persuaded by you to masturbate him.
Judge Swinnerton stated that “He did not know how he was going to do it, or even what the purpose of this, was.”
“Well, he did get older. And what you did made him feel a lot of pain and mental distress.”
Arthur Gibson, the prosecutor, stated that the adult victim, now sitting in public gallery, didn’t want to have his victim personal declaration read.
Judge Swinnerton explained that the book describes Swinnerton’s struggles growing up. It also includes his depression experiences and the ways he dealt with them. He has also struggled with trusting people.
Two years imprisonment was the maximum penalty for indecency in a relationship with a child during the period of the offense.
British law states that you can’t be sentenced to a lesser punishment than what you would have received at time of offense.
But Brady was then involved in a car crash, which left him with a ‘life-altering’ brain injury, and now lives in adult foster care
Gibson claimed that within a few months of the abuse, Mr Gibson had increased the maximum sentence to 10 years.
A child who incites another person to have sex with them is the same offense. The maximum sentence for this crime today is 14 years.
Sarah Holt, the defense, claimed that her client was just 18 years old at the time. He background was documented in his pre-sentence, intermediate, and medical reports.
Ms. Holt stated that he wasn’t as mature at 18 as others, although there were obvious difficulties during childhood. There have been numerous difficulties later.
She urged the judge not to send her client to jail and said that her client had no previous convictions.
Judge Swinnerton indicated that Brady would be sentenced for encouraging a child sexual activity. Guidelines suggested a minimum of three to four consecutive years imprisonment.
But he stated that Brady was entitled to two years for any indecency. He also said that he would only give Brady the limit of indecency with his child if he applied the guidelines in a “measured manner”. This meant that he needed to move down from “the top end” of the range.
Brady, he said, was 18, had experienced problems as a child and hadn’t been convicted of any offenses before this incident.
Swinnerton stated that after 18 months of imprisonment, he was going to have to make a decision about whether or not to suspend his sentence.
“The man standing in front me isn’t the one that did this offense, in that sense you were involved in a March 2004 road accident that caused you to sustain a severe brain injury.
‘Since then your mother has been caring for you while she was still living until 2014. And you are in what was basically described as adult foster care.
“So, you will live with people who can look after your needs now. You are unable to live independently due to both the mental and physical effects of traumatic brain injuries.
Swinnerton also stated that he had never suffered any injury at the time he charged you with that offence.
“It doesn’t affect you culpability. It doesn’t affect blameworthiness. But it affects the man that I am sendingencing. This affects matters such as rehabilitation and whether there is any danger to your life.
He stated, “You don’t pose any danger anymore because you are unable to take care of yourself and abuse others.”
“It might be an act of mercy, but it is going to suspend my sentence.
You would be in prison if it wasn’t for both the maximum amount at the time as well as the degree of injury that you sustained.
The victim’s family members sighed as Swinnerton handed Brady an 18-month sentence, suspended for two year, and with a 30-day rehabilitation activity requirement. There was also a home curfew of four months, which ran from 8pm to 8:30am each day.
Brady must be on the Sex Offenders Register (for a period of 10 years).
The judge said to Brady, after he left the courtroom, that he was rightfully sent to prison because of the things he did as a child.
“But, I hope you understood that the sentence he received when he was convicted of this offense was much shorter than it is now. But, what’s really important? Because of the devastating effects of his brain injury, I’m not sending the man who committed it.
“I want to thank you for being brave enough to come forward and report this. I wish you the very best in the future.