A predatory paedophile who was jailed for molesting a boy in a church toilet has been detained indefinitely under a hospital order after he breached a sexual offences prevention order by downloading indecent images of children.
Allan Martin’s lawyer had submitted that such an order was draconian and “a sledgehammer to crack a nut”.
But two psychiatrists told Maidstone Crown Court they believed the 24-year-old pervert, who has Asperger’s syndrome and autism, was a danger to boys and posed a very high risk of re-offending.
Making the order under the Mental Health Act, Judge Charles Macdonald told Martin: “You are going to hospital. You are going to be treated. It will be better than being in prison. Do not fear it. Good luck.”
Martin, previously of Woolley Road, Tunbridge Wells, was locked up indefinitely for public protection in February 2011, with a two-year minimum, for sexual assault, attempted sexual assault and breaching his sexual offences prevention order (SOPO).
The sentence was overturned on appeal and a determinate term of two-and-a-half years was substituted, with release at the halfway stage.
Appeal Court judges ruled the open-ended sentence might have seemed an “attractive option” to protect the public, but it was “not available” to now-retired Judge Andrew Patience QC.
Martin was at a talent contest at a Maidstone church when he offended again and breached the terms of a SOPO imposed after committing two other sexual offences.
He molested one boy and tried to assault another. He later declared: “Sometimes I want to go out and really hurt someone. I feel like going out and grabbing someone off the street and hurting them in a way I know is wrong.”
Judge Patience described Martin’s fantasies as “evil”.
In the latest case, Martin was caught with four indecent images at the lowest level of one, downloaded on a Nintendo games console
Judge Macdonald said he was satisfied Martin had mental disorders and a “sexual preference disorder of paedophilia”.
“This is not a case where any custodial sentence would be beneficial to him or provide protection to the public as that of a hospital order,” he said.
Martin, he added, had a close interest in male underwear and a preoccupation with offending in public toilets. He fantasised about killing young victims.
Mum in campaign to block return of child sex abuser
Martin, 23, of Wooley Road, had been jailed indefinitely at Maidstone Crown Court in February after sexually assaulting an 11-year-old boy in a church toilet.
But on November 1 his sentence was quashed and replaced with a prison term of two-and-a-half years, meaning he will be automatically released in May 2012.
Paedophile jailed for abusing 11-year-old
A PAEDOPHILE from Tunbridge Wells has been jailed indefinitely after sexually abusing an 11-year-old boy in a church toilet.
Pervert Allan Martin, 22, of The Goodwins, abused the child in a cubicle after visiting a talent contest at the church in Maidstone last September.
Church officials discovered the boy with Martin after another boy, aged just 8, complained that Martin had asked to touch him.
Jailing him for a minimum of two years at Maidstone Crown Court, Judge Andrew Patience described Martin’s fantasies as “evil” and said he had an “entrenched” attraction to children.
He said: “Although you have learning difficulties it is clear to me you are not a fool. You know the difference between right and wrong.”
Martin was labelled by probation officers as “highly dangerous” yet lived only a few hundred yards from Broadwater Primary School.
He had a history of offences against youngsters, including one in 2005 for grabbing a boy and telling him to expose his underwear or genitals.
At the age of 16 he was convicted of attempted indecent assault and three years ago was given a community order for downloading more than 1,000 pornographic images of children.
At that time he was also sent on a sex offender treatment programme.
Neighbours close to where Martin lived on the edge of the Showfields estate reacted with shock to news of his most recent offence.
Mother of two Marta Gugala, 29, said: “I always watch my children as they play but this is shocking to think about and so awful.”
Another neighbour said it was “sickening” to think how many children played in front of the houses while Martin was there.
One resident living close to Martin’s former home in Woolley Road, Southborough, said while it was clear his crimes were despicable it was “obvious” for anyone to see he had profound learning disabilities.
Martin was jailed on Monday after pleading guilty to sexual assault, attempted sexual assault and breach of a sexual offences prevention order, and will remain in jail until he is no longer deemed a danger to the community. He will also be on the sex offenders’ register for life.
Defending him, Laura Bumpus said learning difficulties meant Martin had an inability to control his behaviour and was sorry for what he had done.
Police said they were pleased with the sentence and thanked the victims and their families for their “courage and support” which helped secure the conviction.
Sex offender, 19, in court
A CONVICTED sex offender aged just 19 downloaded more than 1,000 pornographic images of children as a way of dealing with his sexual inclination, a court heard.
Allan Martin was said by his defence counsel, John Barker, to have “adopted the strategy” as he knew he was a risk to himself and “potentially others”.
His conviction for attempted indecent assault at the age of 16 had been “a wake-up call” for him, Mr Barker told a jury at Maidstone Crown Court.
“The strategy was to download the level of pornography that you have seen for his sexual gratification…The reason he is in court today is that strategy.”
The court heard a total of 1,106 indecent images were found on Martin’s computer after a routine police visit to his home in Woolley Road, Southborough, near Tunbridge Wells last July. One particular website listed under his “favourites” was entitled Little Boy Lover Gallery.
The majority of the images were described by police as level one – the least serious – while 10 were level 2 and 12 were said to be level five – the most serious and usually depicting sado-masochism and torture.
However, Deputy Circuit Judge Stanley Spence said after viewing the images that those labelled as level five were, in his opinion, between levels two and three, and none was sufficient to merit imprisonment.
Prosecutor Anne Phillips told the court police visited Martin’s home on a fortnightly basis following his conviction in May 2005 for grabbing a boy by the arm and telling him to expose his underwear or genitals.
Martin was said to be “anxious” to switch his computer off when the two officers called. “When they questioned him he became very nervous and very defensive,” said Mrs Phillips. “He seemed reluctant to answer their questions.”
He told them he used the computer to play games and look up legitimate websites for his parents
Martin had admitted 15 offences of making indecent pictures of children and was committed by Sevenoaks magistrates to the crown court.
He was sentenced to a community order, during which he will be subject to three years’ supervision and must attend 60 sessions of a sex offender treatment programme.
He was also disqualified from working with children, ordered to sign on the sex offenders’ register for five years and made subject to a sexual offences prevention order restricting his access to computers and the internet until further order.