Sex offender is arrested just ONE day after release on parole
A CONVICTED sex offender who was arrested for driving while disqualified just ONE DAY after being released from prison on parole will not have to serve the remainder of his sentence.
Carl Gibbons, 20, of Cambridge Road, Macclesfield, was jailed for three months by the town’s magistrates after smashing his car into a garden wall. But the decision not to refer him to the crown court means he will not have to serve the remaining seven and a half months of his 15-month jail term for sexual activity with a schoolgirl. The move was this week branded “excessively lenient” by Sir Nicholas Winterton MP, while the borough mayor, Councillor Jim Crockatt, felt it made “a mockery of crime and punishment”.
Sir Nick said: “It seems to me that this young man has been very fortunate. He has been dealt with in an excessively lenient manner. “I believe most law-abiding citizens in this country would expect anyone released early on licence to serve their full term if they broke parole. “I have always thought offenders released on licence were released on their honour and on the condition that they do not commit any other crimes during the term of their sentence. This sends out completely the wrong message.”
Coun Jim Crockatt added: “I think it makes a mockery out of crime and punishment if someone gets a punishment for a crime, does only half the time, and then commits another offence. I don’t know what the parents of his victim must be thinking.” We reported in the Macclesfield Express in December last year that a Chester Crown Court jury found Gibbons guilty of having sex with a 14-year-old girl. He was sent down on December 20, 2005. He was freed on licence from the young offenders institution last Friday (August 4), but was under arrest again the following morning.
On Wednesday, August 9, he pleaded guilty to driving while disqualified, without insurance, and failing to stop after an accident. The bench sent Gibbons back to jail for three months and banned him from the road for a further year. He was given another month to run concurrently for failing to stop after an accident and his licence was endorsed for having no insurance.
Schoolgirl, 14, was so drunk she could not remember sex
A TEENAGE boy has been found guilty of having sex with a 14-year-old schoolgirl who cannot remember the act taking place after she drank rum and lemonade, a jury heard.
However, unemployed Carl Gibbons, 19, formerly of Belgrave Road, and now of Vincent Street, Macclesfield, was cleared of raping the girl by a jury of six men and six women when he appeared at Chester Crown Court.
Matthew Dunford, counsel for the prosecution, had said that the girl was too drunk to consent to sex, although Gibbons claimed she beckoned him upstairs, kissed him and had gone along with everything he did to her. He was found proved of one offence of criminal damage and cleared of three counts of assault. Sentence was adjourned until the end of November pending reports.
Judge Merfyn Hughes QC, said in summing up that Gibbons said no-one had mentioned the girl’s age to him and he thought she was 17 or 18 and didn’t realise that she was still in school. Earlier during the four-day trial the jury was told that Gibbons, who was 18 at the time of the offence committed on January 15 this year, had sex while the girl visited her sister and her sister’s boyfriend at their Macclesfield home.
The 14-year-old schoolgirl, who is now 15, told the court that she was visiting her sister and while the group listened to music she had three rum and lemonades and could not remember having sex. Gwen Henshaw, counsel for the defence, said that toxicology tests suggested that the girl was two-and-a-half times the legal drink drive limit when sex took place a few hours after she arrived at her sister’s.
The girl’s sister and her boyfriend both said they had gone to visit a neighbour for a few minutes after they had put their baby to bed. And the sister observed that although the girl seemed a little withdrawn it didn’t seem like she had had a lot to drink. She returned to the house to find Gibbons and her sister in her bed and went to fetch her boyfriend.
The jury was told that they returned to see her sister lying down and Gibbons pulling up his trousers and shouting at them to shut the door. The sister said she went to put the baby in its cot but Gibbons grabbed her by the throat, while she was still holding the baby, and threatened to kill her. He then went downstairs and the sister claimed she followed him to make sure he left the house but he turned around and pushed her so that she fell backwards onto the stairs.
The witness said that both she and her boyfriend told him to leave, at which point he threw a punch at her boyfriend while he was holding the baby but instead pushed the child, causing the boyfriend to stumble backwards a few feet. The jury was told that the boyfriend said he handed the baby back to his girlfriend and pushed Gibbons out of the front door.
The jury heard that once out in the street the sister said Gibbons shouted abuse and picked up a brick and threw it through the windscreen of a van before running off down the street. In his evidence Gibbons said there was no physical confrontation and he didn’t know what happened to the van.
The girl told the court that the last thing she remembered was sitting in her sister’s living room floor playing with the baby and then waking up later with a “banging” head. She said she fell asleep again and the next thing she remembered was being in hospital. She claimed she didn’t consider herself to be in a relationship and both she and her mother had told Gibbons that she was only 14.
Miss Henshaw, who said there was no bruising on the girl, told the jury: “You’ve heard evidence from the complainant that she’s snogged Carl Gibbons before and fancied him. “She said they didn’t know each other very well. You may consider that when you ask if he knew how old she was.” IN a separate incident Gibbons changed his plea to guilty of assaulting a police officer.
PC Wanda Harrop was struck by a door slammed by Gibbons when she went to arrest him for breach of curfew three days before last Christmas. Gibbons was said to be trying to escape at the time. Sentencing has been adjourned for three weeks for reports