Graham Bain 41

Description

A pervert engaged in sexually explicit chat and sent lewd images of himself to what he thought was a 14-year-old girl.

Almost a decade after being spared prison and offered rehabilitation for similar crimes, 41-year-old Graham Bain has been handed a lengthy immediate jail term.

Carlisle Crown Court heard how Bain was originally punished in 2016 for online sexual offences. He had struck up sexually charged conversation on a dating website with what he thought was a girl aged 14. But Bain—whose messages included a lewd video—was actually chatting with an undercover police officer.

He was handed a suspended prison sentence, given community requirements, and a sexual harm prevention order (SHPO) imposing restrictions on his liberty and online use.

But Bain was brought back to court after new offences came to light earlier this year.

Prosecutor Tariq Khawam said: “Police officers visited the home address of Mr Bain following the receipt of information from an undercover officer who had presented herself as a 14-year-old girl.”

Bain was “evasive” with police, claiming not to have certain mobile phones. He then led officers to three iPhones and a Samsung device but refused to provide the PIN codes.

In doing so, and by not having police-approved surveillance software on the four phones, Bain breached the SHPO.

It emerged Bain had also engaged in illegal, sexually explicit chat with the officer between 31st March and 24th April this year, via Snapchat, WhatsApp, and other platforms.

“You make it plain you are 42. She makes it plain she is only 14,” noted Judge Nicholas Barker, as he summed up the facts. “That does not prevent you from now approaching her in a predatory manner, communicating with her in a sexual way, ultimately suggesting you would get on a train, meet at a hotel and engage in sexual intercourse with her.”

Bain had further sent two lewd images and a video of himself engaged in a sex act.

He admitted attempting to cause or incite a child aged 14 to look at an image showing a person engaging in sexual activity; attempting to engage in sexual communication with a child; and multiple SHPO breaches.

Marion Weir, mitigating, said the primary plank of Bain’s mitigation was the entry of guilty pleas.

Bain, latterly of The Crescent, Cleator Moor, accepted two vices in his life—the commission of this type of offending and alcohol consumption.

Although now sober for nine years, Bain had previously used alcohol after losing his sight for 12 months following a rugby accident at age 14, and a cancer diagnosis he beat.

“He thought in those circumstances that alcohol could do him very little harm—but harm it did,” said Ms Weir of crimes for which he was punished in 2016.

Recent offending followed the loss of his father, with whom he had a fractured relationship. “He is determined to make good with those who he has let down,” added the lawyer of Bain’s positive pledge for the future.

Judge Barker imposed a 32-month prison sentence. “You are well aware of the serious [nature] of what you are doing,” said the judge of Bain’s illegal activity.

Bain remains subject to a SHPO—and also sex offender notification requirements—for an indefinite period.