September 2009

‘High risk’ paedophile not jailed

A judge who was unable to jail a “horrific” paedophile said he has “grave reservations” about the risk the man poses.

Kevin Tate, 32, of North Cornelly, Bridgend, was handed a community sentence at Cardiff Crown Court despite sexually assaulting a 13-year-old boy.

Judge Philip Richards said his hands were tied by sentencing guidelines – despite Tate being assessed as a “high risk of reoffending”.

Tate pleaded guilty to sexual assault.

The court heard he “sexually touched” the boy’s thigh.

Tate, who has three previous convictions for bomb hoaxes, was made subject to a sexual offences prevention order.

He was ordered never to be alone with children under 18 and banned from working with children indefinitely.

Judge Richards said: “He poses a high risk of serious harm. That could be physical, sexual or emotional harm.”

He told Tate: “I find your behaviour horrific and I am deeply concerned you present a serious risk to children.

“I have grave reservations about the risk you present.”

But Judge Richards told the court that because of the nature of Tate’s assault he could not keep him locked up.

A report from the probation service identified Tate’s risk level of future reoffending as “high.”

Judge Richards said: “The guidelines say because he touched the boy’s leg he should be given a community sentence.

“He cannot be given a programme of rehabilitation in custody unless he’s sentenced to three years.

“It’s left for me to impose a community sentence of three years as well as a supervision requirement.”