Would't cope in custody!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Published date: 25 February 2016 |
Published by: Staff reporterRead more articles by Staff reporterEmail reporter
A MAN aged 19 who had sex with a girl aged just 13 after he befriended her on Facebook was spared immediate custody yesterday because of his own problems.
A judge said that Dylan Thomas Shone, now 20, would be unable to cope in custody.
But Judge David Hale warned Shone never to be so stupid again – because his condition would not save him from custody if he re-offended.
Shone, of Maes y Dre Avenue in Flint, initially faced three charges of penetrative sexual activity with a girl aged 13 dating back to May last year.
At an earlier hearing, he admitted two charges involving intercourse and oral sex but denied another charge, which was allowed to remain on file.
The court heard the girl was aged 13 and not 17 as suggested by the defendant.
Shone received an eight month youth custody sentence suspended for two years and was placed on 60 days rehabilitation.
He was ordered to register with the police as a sex offender for the next ten years.
Judge Hale told him it was
a serious sexual offence to
have intercourse with a child under 16.
The legislation was there “to save girls from themselves.”
He said: “They find it hard growing up too and to protect them the law requires that you ensure that they are 16.”
Shone had taken advantage of a young girl and he must have known she was under 16.
“She was interested in you, there is no doubt about that,” the judge said. “You did not prey on her in that sense.”
But the responsibility was his to ensure he had no sexual contact with a child under 16.
Having read reports on him,
the judge said it was clear Shone had his own problems and he would find it very difficult in custody.
While the case was “near the edge”, his condition was a compelling reason not to send him immediately into custody.
“But you must understand that the problems that you have will not help you if you commit offences like this again.
This is a real warning to you. You must never do anything like this again.”
Prosecuting barrister Paulinus Barnes told Mold Crown Court Shone befriended the girl on Facebook and they began exchanging messages and later text messages.
She made it clear how old she was and they continued to communicate through Facebook and Snapchat and he asked her to meet up.
Shone asked her if she would be “in the mood” when they met and sent her pictures of himself, including his private parts.
They exchanged naked photographs and he sent one photo of himself indulging in a sex act upon himself.”
When they met they had sex, she made it clear that she was 13 and they used a condom which she had. On the second occasion they had sex it was unprotected.
It was as a result of the unprotected sex that she asked a school nurse about a pregnancy test and the police became involved.
Interviewed, he claimed she looked and acted 17 but police found a message on his phone speaking of possibly having “a free house after school.”
Defending barrister Owen Edwards said it was his client’s case that he believed she was 16 at the time they first had sex and he had closed his mind to the obvious by the time they had sex the second time.
He had the support of his family who had attended court.
But the judge said it was clear from the body language of some of them in the public gallery that they “clearly do not think that he ought to be here.”
Mr Edwards said Shone had found it helpful to speak to the probation service.
Shone had been dealt some “summary justice” by someone who took matters into their own hands after being told about his guilty pleas.
see-http://www.leaderlive.co.uk/news/159030/flintshire-man-spared-jail-after-sex-with-13-year-old-girl-he-befriended-on-facebook.aspx
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