February 2017

Pervert caught pleasuring himself on petrol station forecourt is spared jail

A pervert caught pleasuring himself on a petrol station forecourt was spared jail despite his “appalling” behaviour.

Shocked customers, including a man with his 10-year-old daughter, saw Benjamin Berry in Prescot Road, Fairfield.

Liverpool Crown Court heard the witness shouted: “What the f***ing hell are you doing? I’ve got my kid in the car.”

Christopher Taylor, prosecuting, said: “Thankfully it’s not clear from his account that she was a witness to this defendant’s disgusting behaviour.”

The court heard the witness was enraged and said he was calling police, but Berry, 30, didn’t seem at all bothered.

The man said: “I was absolutely shocked. I suspect the male was under the influence of drugs or something. I hope he gets help.”

Another customer also saw Berry masturbating during the incident, which happened at around 7.30pm on December 13 last year.

The drunken pervert told police he had downed eight pints of beer plus spirits in a drinking session with his boyfriend, which began at midday.

Berry, of Bell Street, Old Swan, admitted outraging public decency and possessing a small quantity of cannabis.

He received a community order in 2010 for the same sexual offence at Liverpool Lime Street station toilets.

Berry also received a community order in 2012 after he admitted masturbating in front of a 14-year-old boy in Bedford Road, Bootle.

In August 2015 he was handed a three-year community order, after exposing himself in a sex shop in Liverpool city centre.

Staff asked him to leave but then spotted him masturbating outside the Private Shop in Moorfields in August 2013.

When challenged by police about his behaviour, he said: “It’s just one of those things I do when I’m bladdered.”

Berry was taken back to court last August after breaching his community order and failing to sign on the Sex Offenders Register.

He received a 12-month conditional discharge for missing probation appointments and neglecting to reveal he had started seeing a sex offender.

The judge, Recorder David Turner, QC, today said he thought “the time had come for a prison sentence”.

He said: “There comes a time when giving people community orders and them just ignoring them, it makes a mockery really of the system, doesn’t it?”

Recorder Turner said “most members of the public would expect you to go to prison” but he was convinced Berry needed help.

He gave him 10 months in prison, suspended for two years, a three-month home curfew from 7.30pm to 7.30am, and a £50 fine over the cannabis.

The judge also told Berry to carry out an alcohol treatment programme and a rehabilitation activity requirement.