A Belnaleck man has been given a nine months jail sentence suspended for three years after he admitted an attempted sexual assault on a 17-year-old boy almost two years ago.
The court heard that 50-year-old Malcolm John Kennedy, Ross Road, Belnaleck, Enniskillen, had been naked when he got into bed with a 17-year-old boy at his home on July 22 2012.
The court accepted that Kennedy had not touched the boy.
But the attempted sexual assault happened after Kennedy had bought the boy up to a dozen pints of beer at a pub in Blacklion, Dungannon Crown Court heard.
In sentencing Kennedy, Judge Stephen Fowler said the defendant had shown an abuse of trust by buying the complainant enough drink to get him “very intoxicated” and having him stay overnight at his home.
And while he was vulnerable, the defendant got into the bed while naked, the court heard.
The judge warned the defendant that if there were any repeat offences within the next three years, that sentence would be in addition to that imposed on Thursday.
He added that if Kennedy had been found guilty after a trial, a sentence of one year in prison would have been imposed.
Judge Fowler said that Kennedy should have no contact with any person under 18 without the consent of his risk manager.
The defendant was also forbidden from contact with anyone under 18 while he was engaged in work or other activities without a similar prior consent. And he was to have no contact with the complainant.
Kennedy was also made the subject of a Sexual Offences Protection Order for five years and placed on the Sex Offenders Register for ten years at Dungannon Crown Court.
Prosecuting counsel Suzanne Gallagher told the court earlier that Kennedy had employed the 17-year-old to carry out labouring duties for two days.
It was long and hard work and Kennedy invited the youth to go shooting with him and two others.
On their return they stopped off at a pub in Blacklion.
The court heard that Kennedy had bought 10-12 pints of Carlsberg in the course of the evening.
It was decided that the complainant would spend the night at Kennedy’s.
The young man was so tired that he ‘crashed out’ and went to bed and slept. It was then the defendant climbed into the bed beside the teenager.
When the teenager awoke he got out of the bed and dressed and went outside.
He began to walk home.
Kennedy then followed him out of the house and offered him a lift home but he refused.The youth rang 999 and was picked up by police and Kennedy was then arrested and questioned, the court heard.
Ms Gallagher said while there was no touching, there was an element of culpability as there was “an abuse of trust”. She said the sentence range for such an offence ranged from a community service order to one year in custody.
Defence Counsel, Ian Turkington said his client had only a drink driving conviction but nothing of a sexual nature previously, the court heard.
The Counsel said his client would suffer the stigma of conviction as he lived in a small rural community. “Everyone in that community is aware of this”, he said.
He added that he offence was almost two years old and while it had been difficult for the complainant, it had also been difficult for he defendant.
Mr Turkington said his client was a carer for his frail 85-year-old father for the past five years.
His client had a very strong work ethic and employed a number of people in his business.
“He poses a low likelihood of re-offending and has no significant risk of sexual harm.
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