Brian Jeffrey Davis Court of Appeal 16th March 1981

Please note that victims of abuse may be triggered by reading this information. The Sanctuary for the Abused [A] has advice on how to prevent triggers.  National Association for People Abused in Childhood [B] has a freephone helpline and has links to local support groups. Other useful sites are One in Four [C] and Havoca [D]. Useful post on triggers [E] from SurvivorsJustice [F] blog.

Redaction Some reports have had victims names redacted and some assault details redacted. This is a difficult balance-  normally I would think that  I should not “censor” details but on consultation with various people I have taken the decision to redact. This is mainly to protect victims, their friends and relatives from unnecessary detail and to stop the gratification of those who seek salacious details. In addition to the obvious “victims redaction” I have thus “assault redacted”. It appears to make no large difference to the vital information for researchers that these documents contain. That information is mainly names of the perpetrators, past addresses, and the charges they faced – on which newspapers are pathetically inaccurate. If you think that the balance is not correct or that a particular redaction needs reconsideration, please say.

For An Index / Timeline of Court Appeal Documents on Cathy Fox Blog [1]

This post is relevant to Paedophilia around Piccadilly Part 4- Playland Trial and Cover Up [2]

*R v Brian Jeffrey Davis*

[ 1981] EWCA Crim J0316-11

No. 3984/C/80

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

Monday, 16th March 1981
Before:-

Lord Justice Shaw

Mr. Justice Kenneth Jones

and

Mr. Justice Sheldon

Regina
v.

Brian Jeffrey Davis

(From the Shorthand Notes of Walsh, Cherer & Co. Ltd., 36/38, Whitefriars
Street, Fleet Street, London, EC4Y 8BH. Telephone Number: 01-583 7635.
Shorthand Writers to the Court.)

MR. N. A. STEWART appeared as Counsel on behalf of the Appellant.

JUDGMENT

(As approved by Judge)

MR. JUSTICE SHELDON : On 5th September, 1980, at Inner London Crown Court,
the appellant (Brian Jeffrey Davis) pleaded guilty to indecently assaulting
an eleven year old girl. He was sentenced to thirty months’ imprisonment.

He now appeals against sentence by leave of the single judge. The offence
was committed on 14th April, 1980, at a home in South London for
handicapped children, where the appellant was then employed as a social
worker and where he had been working for about a month. The victim was an
eleven year old girl, who was mentally
retarded, almost totally deaf and blind and who was unable to communicate
with other people, except to a small extent by sign language. She had been
brought to the home two days before the incident by her parents, to stay
there while they went on holiday.

The offence was discovered by another social worker, who found the
appellant and the girl in a bedroom, both undressed from the waist
downwards. The child was at once examined. To put it at its lowest, it was
obvious that something had happened. [assault redaction]

The appellant was at once dismissed. On the following day he voluntarily
surrendered to the police, saying that he had seen his doctor and he needed
help.

He is a man of forty-four years of age. He has twice been married, although
he has been separated from his second wife since 1978, Apart from one
matter, however, there appears to be nothing unusual about his past
history. After completing two years’ National Service in 1956, he worked in
various capacities in the printing trade until 1978, when he left to
undertake social work in various unskilled capacities. He continued that
until March, 1980, when he joined the staff of the children’s home in
question. He has no previous convictions of any kind.

In December, 1978, however, the appellant had what could be described as a
nervous breakdown. For a short while he became a voluntary in-patient at a
psychiatric hospital. He was discharged in January, 1979, but his
subsequent progress was monitored by the out-patient department at
intervals throughout the rest of the year.

In a medical report of 13th June, 1980, (a little while after the offence
in question) he was described as a man of moods, varying from depression to
mild elation, who had shown himself unable for long to cope with
responsibility. If his condition was to improve, he would
need medication under psychiatric out-patient supervision.

It was in those circumstances, and having regard to what the trial judge
accepted as the appellant’s deep feeling of shame for what he had done,
that counsel on his behalf has submitted, not that an immediate sentence of
imprisonment was wrong in principle, but that the sentence of thirty
months’ imprisonment is excessive.

That the appellant’s offence amounts to a gross breach of trust there can
be no doubt whatever, nor that it warranted an immediate sentence of
imprisonment. A high degree of responsibility is placed on the shoulders of
anyone who undertakes, or who in any way involves himself in, social work
involving children, particularly young children as handicapped and
vulnerable as the child in this case. Not only the child, but also its
parents, and anyone who entrusts the child to his care, are, and must be,
entitled to have complete confidence in the integrity and self-control of
the individual concerned.

In all the circumstances, however, this court is of the opinion that a
sentence of eighteen months’ imprisonment would be sufficient to mark the
seriousness of this one isolated offence, and that a longer term is not
required, either by the justice of the case, or the interests of the public
or the appellant.

Accordingly the present sentence of thirty months’ imprisonment will be
quashed and a sentence of eighteen months’ imprisonment substituted.

Please note that victims of abuse may be triggered by reading this information. The Sanctuary for the Abused [A] has advice on how to prevent triggers.  National Association for People Abused in Childhood [B] has a freephone helpline and has links to local support groups. Other useful sites are One in Four [C] and Havoca [D]. Useful post on triggers [E] from SurvivorsJustice [F] blog.

Links

[1] Cathy Fox Blog 2015 May 8 [constantly updated] An Index / Timeline of Court Appeal Documents on Cathy Fox Blog https://cathyfox.wordpress.com/2015/05/08/a-timeline-of-court-and-ewca-documentation-on-cathy-fox-blog/

[2] 2015 May 6 Cathy Fox blog Paedophilia around Piccadilly Part 4- Playland Trial and Cover Up  https://cathyfox.wordpress.com/2015/05/06/paedophilia-around-piccadilly-part-4-playland-trial-and-cover-up/

[A] Sanctuary for the Abused http://abusesanctuary.blogspot.co.uk/2006/07/for-survivors-coping-with-triggers-if.html

[B] NAPAC http://www.napac.org.uk/

[C] One in Four http://www.oneinfour.org.uk/

[D] Havoca http://www.havoca.org/HAVOCA_home.htm

[E] SurvivorsJustice Triggers post http://survivorsjustice.com/2014/02/26/triggers-what-are-they-and-how-do-we-work-through-them/

[F] SurvivorsJustice Blog http://survivorsjustice.com/

This is all written in good faith but if there is anything that needs to be corrected please email cathyfox@bigfoot.com

cathyfox the truth will out, the truth will shout, the truth will set us free

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the truth will out, the truth will shout, the truth will set us free...
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3 Responses to Brian Jeffrey Davis Court of Appeal 16th March 1981

  1. Pingback: Timeline of Court and EWCA Documentation on Cathy Fox blog | cathyfox blog

  2. Pingback: Paedophilia around Piccadilly Part 4 Playland Trial and Cover up | cathyfox blog

  3. Pingback: Paedophilia around Piccadilly Part 5 1980s and Operation Circus | cathy fox blog

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