Kamen Smith 29

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A CREEP came close to being determined a ‘dangerous offender’ after a predatory sexual assault on a vulnerable woman in her own home.

Kamen Smith, from Warrington, also launched a nasty attack on the woman’s boyfriend after he learnt of what had happened.

The 29-year-old was released under investigation by police, during which time he was caught peddling class A drugs in Warrington.

Having already been sentenced and jailed for the drug matters, he has now learnt his fate for his prior offending.

Smith appeared before Liverpool Crown Court, via video-link from HM Prison Liverpool, to be sentenced for charges of sexual assault, assault occasioning actual bodily harm and criminal damage.

The case was opened by prosecutor David Polglase who explained how each of the offences occurred in the summer of 2021.

The defendant admitted the assault and criminal damage charges but denied the sexual assault, however he was convicted by a jury.

The evening prior to the offences, Smith had been drinking in St Helens, in the Black Bull pub in Eccleston and Bird I’th Hand pub on Prescot Road.

He then headed into the town's centre and ‘did not have much luck’ getting into other licenced venues, including Kandy Klub on Westfield Street.

By around 4am, having left the town centre, he was in the home of a woman and her boyfriend when events unfolded.

When the boyfriend was outside smoking, and while the woman was ‘tired and worse for wear with drink’, Smith sexually assaulted her.

The court heard how she was ‘seven out of 10 in terms of drunkenness’ and was taken advantage of by the defendant who ‘began to molest her’, despite her trying to dissuade him and stating she was not interested in his advances.

The boyfriend sensed something was not right, and he was later told what had happened by his girlfriend, leading to a confrontation.

Smith threw a punch and began to attack the male victim, having chased him outside, and he also damaged his car by kicking it, causing scuff marks and snapping the wingmirror.

As the victim fell to the floor, the attack continued with Smith repeatedly striking him to the face and head and kicking him to the back.

“The defendant said he would kill him and would not stop until he did,” Mr Polglase told the court, adding that the victim required a facial cut to be glued in hospital.

An impact statement prepared by the female victim was summarised, with the prosecutor stating how she still struggles to come to terms with what happened, with her mental health also impacted.

She struggles with sleep and suffers nightmares, and she does not feel safe in her home and when people walk past and knock on the door.

Mr Polglase revealed that Smith has previous convictions, including for assaulting an emergency worker and for public order offences.

While released under investigation for these offences, he also committed drug dealing offences in Warrington on April 6, 2022, and was convicted of possession with intent to supply crack cocaine and heroin.

He was subsequently jailed for 28 months by judge David Swinnerton at Liverpool Crown Court on May 24 this year.

A Proceeds of Crime Act hearing took place on June 19, where an application to withdraw proceedings by prosecutor Rebecca Smith was approved by recorder Michael Blakey.

Orders were approved for the forfeiture and destruction of drugs and a mobile phone confiscated from him on his arrest, as well as for the confiscation of £150 found in his possession, which was donated to the court’s nominated charity of the month, East Liverpool RDA.

In defence of the defendant, Jeremy Smith described the events as ‘unpleasant’

“He has mental health, alcohol and drug problems – a very giddy cocktail of issues with this defendant, and he needs to address them,” he said.

“One reassuring matter is that he is coping and thriving in prison. The regime seems to suit him.”

In his sentencing remarks, judge Denis Watson said: “She was vulnerable in her own home, and the effect on her has been significant.

“It is not necessary for an extended determinate sentence. I have come close to determining you are a dangerous offender, but that would be me stretching the circumstances to reach that conclusion.

Smith, of Molyneux Avenue in Bewsey, was sentenced to four years in prison, which will run consecutive to his drug dealing sentence, meaning it will start when his current sentence ends.

He was also ordered to sign the sex offender register for life and abide by a restraining order not to contact or approach the female victim for the next six years.