Terence James Waters 26th May 1995 Court of Appeal

Terence Waters was apparently PIE member 419 [3], was linked to Morris Fraser [4] and this article lists some of his abuses [1]  A request to Surrey County Council has been submitted uner the Freedom of Information Acts for more information [5]

This is his appeal in 1995, against sentence in one of his at least 3 trials. [HT as ever to M]

No redaction was needed on this appeal.

2016 Cathy Fox Blog Index / Timeline of Court Appeals and Documentation [2]

[1995] EWCA Crim J0526-7

IN THE COURT OF APPEAL CRIMINAL DIVISION

No: 94/5982/Z2


Royal Courts of Justice, Strand, London WC2

Friday 26th May 1995

Before: Lord Justice Roch Mr Justice Curtis and the Common Serjeant of London (his Honour Judge Dennison QC) (sitting as a Judge of The CACD)

Regina

v.

Terence James Waters

MR N STELLING appeared on behalf of the Appellant


(Computer Aided Transcript of the Stenograph Notes of John Larking, Chancery House, Chancery Lane, London WC2 Telephone No: 071 404 7464 Official Shorthand Writers to the Court)

JUDGMENT

(As Approved by the Court)

Friday 26th May 1995

JUDGMENT

THE COMMON SERJEANT: On 15th July 1994, at the Hereford Crown Court, before his Honour Judge Nott the appellant pleaded guilty to three offences, namely, indecent assault on a ten year old boy, gross indecency with the same boy and taking indecent photographs, again of the same boy.

On 27th September 1994, after reports had been prepared, the sentence was as follows. For the indecent assault, eight years’ imprisonment; for gross indecency, 18 months’ imprisonment to run concurrently; for the indecent photographs, two years’ imprisonment, to be consecutive to the indecency and indecent assault charge. As we have observed, 14 similar offences involving photographs of other boys were taken into consideration.

The sentence of eight years was a longer than normal sentence, imposed under section 2(3) of the Criminal Justice Act 1991 for the protection of the public.

The learned judge indicated that in his view a normal sentence, commensurate with the offence, would be one of six years’ imprisonment. An order was also made and is absolutely right to be made, in the view of this court, under section 44 of the 1991 Act, that he remain on licence after his release.

In 1988 the appellant was convicted of nine offences of indecently assaulting young boys and two offences of taking photographs of young children. He was sentenced to five-and-a-half years imprisonment. This was varied on appeal to three-and-a-half years. The trial judge in this case was not told of that variation and it may be that in the mistaken belief the appellant had served a five and a half years’ sentence imposed the sentence in this case.

After the defendant’s release from prison he went to live in the Morden area using an assumed name and working as an artist and odd job man. He lived in a caravan.

In July of 1993 he became a helper at a Scout pack and there befriended the victim in this case. Over a two and half month period, before his arrest in November 1993, many acts of indecency took place, most of them when the boy was staying overnight in the appellant’s caravan.

The appellant was arrested on 17th November 1993 and in his caravan were found a large number of indecent photographs of the victim, and indeed, other boys.

The appellant was interviewed and, this is in his favour, he at once admitted many of the acts of indecency. Those admissions were made before the victim himself was interviewed. When he was interviewed he confirmed the appellant’s admission. When further interviewed the appellant said his indecent behaviour arose out of the fact that he had a beautiful and loving friendship with the victim. He said he saw nothing wrong in taking indecent photographs of young boys. He said that the victim had taken the initiative in some sexual acts. He added that some of the things he had done to the victim had been done to him when he was a child, he having enjoyed them at the time and thought the victim might also have done so. He said that he now felt ashamed and was sorry for what he had done.

A psychiatric report is before the court. This indicates that the appellant was beginning to understand the harm his behaviour did to his victims and to their families. He was genuinely remorseful and aware of the need to change his attitude towards boys. He acknowledged his need for help. We have also seen a probation report which was not before the trial judge. This emphasizes a need for a programme of treatment while in prison and, indeed, afterwards and states that without such treatment the risk of re-offending is high. It is right to state that the appellant is now voluntarily undergoing such treatment in prison and understands that that treatment will have to continue after his eventual release.

This appellant’s appeal raises two questions. First, was the learned judge right to impose a longer than normal sentence? Second, was he right to pass a consecutive sentence in respect of the indecent photographs? If I may deal with the second matter first? It seems to us that the indecent photographs were really part and parcel of the other offences and the sentence, while being perfectly right in terms of two years, should have been made concurrent to the other sentence and therefore we agree with counsel for this appellant on that point.

So far as the first question is concerned, although this was a case where a longer than normal sentence should have been imposed to protect the public, we are of the opinion that the course adopted by the learned trial judge was right. However, we think that having said that, the sentence of eight years in fact imposed was too high. We think that a sentence commensurate with the offence would have been a sentence of four years’ imprisonment. The appropriate, longer than normal, sentence would have been a sentence of six years imprisonment. Therefore our final decision is that the sentence in respect of the indecent assault should be reduced to a sentence of six years’ imprisonment. The sentence in respect of the indecent photographs should be made concurrent with that sentence. That means that the total sentence which the appellant will serve is reduced from one of ten years to one of six years’ imprisonment.

I have to emphasise the provisions of section 44, relating to the provision of extended licences, still apply. Therefore, we quash the sentence of eight years and substitute a sentence of six years. We make the sentence for the indecent photographs concurrent. To that extent this appellant’s appeal is allowed.

The Court draws attention to section 1 of the Sexual Offences Act 1992, as amended, prohibiting the written or broadcast publication of any details of this case which might lead to the identification of the children involved.

 2016 Cathy Fox Blog Index / Timeline of Court Appeals and Documentation [2]

Please note that victims of abuse may be triggered by reading this information. These links are generally UK based.

  • 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.
  • Jim Hoppers pages on Mindfulness [G]  and Meditation [H] may be useful.
  • Hwaairfan blog An Indigenous Australian Approach to Healing Trauma  [J]
  • Survivors UK for victims and survivors of male rape or the sexual abuse of men [K]
  • Voicing CSA group [L] helps arrange survivors meetings in your area

Links

[1]  2011 May 20 2 Jul 2013 Get Surrey Mercy for teacher with ‘secret roomhttp://www.getsurrey.co.uk/news/local-news/mercy-teacher-secret-room-4814844

[2] 2016 Cathy Fox Blog Index / Timeline of Court Appeals and Documentation https://cathyfox.wordpress.com/2015/05/08/a-timeline-of-court-and-ewca-documentation-on-cathy-fox-blog/

[3] 2016 Jun 16 Source Martin Walkerdine tweet @mwalkerdine “he was P.I.E member no 419″

[4] 2016 Jun 16 Source M

[5] 2016 Jun 16 FOI Request on Terence Waters, child abuse at Allen House School, Woking, Surrey https://www.whatdotheyknow.com/request/terence_waters_child_abuse_at_al

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About cathy fox blog on Child Abuse

the truth will out, the truth will shout, the truth will set us free...
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One Response to Terence James Waters 26th May 1995 Court of Appeal

  1. Pingback: An Index and Timeline of Court & Court of Appeal, EWCA and Scottish Documents on Cathy Fox Blog | cathy fox blog

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