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Crime Solicitors

“Dangerous” paedophile out on licence, after Appeal Court quashes open-ended sentence (11 December 2014)

Date: 11/12/2014
Duncan Lewis, Crime Solicitors, “Dangerous” paedophile out on licence, after Appeal Court quashes open-ended sentence

A leading Appeal Court judge has released a dangerous paedophile from prison, despite acknowledging that he remains a danger to the public.

The Daily Mail reports that Jeffrey Charles Goodwyn, 48, was branded a serious risk to children because of his violent behaviour and tendencies. Goodwyn received an open-ended prison sentence in 2012 after being convicted of indecently assaulting a seven-year-old. He had a previous conviction for raping a nine-year-old girl.

A judge sentencing him at Cardiff Crown Court had called Goodwyn a “very dangerous offender indeed”.

However, he has now been freed after judges at the Appeal Court ruled that locking him up indefinitely would be unlawful.

Lord Chief Justice Lord Thomas, Mr Justice Coulson and Mr Justice Gilbart decided Goodwyn could be freed, after they quashed the open-ended sentence handed down previously by the court.

Open-ended imprisonment for public protection (IPP) sentences are used to protect the public from the most dangerous criminals, keeping them in prison until the time they are considered safe to be released.

However, in Goodwyn’s case, the Lord Chief Justice Lord Thomas ruled that they IPP sentences can only be passed for offences which happened after April 2005 – one year or more after Goodwyn committed the offences.

The panel of judges acknowledged that Goodwyn remains a very dangerous offender – in part because he has refused to take part in programmes offered to rehabilitate him while in prison.

“Because of his failure to engage with the relevant assistance available to him in prison, he has not begun to address his offending,” said the Lord Chief Justice Lord Thomas.

“Unhappily – despite the danger to the public which this applicant clearly represents – we are in no doubt that the IPP was unlawful.”

Mr Justice Coulson said that Goodwyn was an offender for whom an extended licence was required to “provide necessary protection for the public, particularly for children, and assist his rehabilitation”.

Conditions of the licence would include Goodwyn attending sex offenders’ programmes and courses, as directed by the probation service or prison service, the judges said.

Mr Justice Coulson added:

“The applicant has so far failed to attend such courses – if he fails to attend courses that he is directed to attend while he is on licence, it is our view that he ought then to be recalled immediately to prison.”

Goodwyn – of no fixed address – will spend five years on licence, after serving three years of his custodial sentence.

Because he has served a custodial sentence, Gwent Police said that no photograph of Goodwyn would be issued.

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