A dangerous pervert who wanted to sexually assault a nine-year-old girl in a public toilet has had his jail term cut.
John Robert Newton, 29, followed the young girl into the lavatory in a west Cumbrian park in 2014.
She was inside a locked cubicle when she became aware of somebody in the next one. When she looked up, she saw Newton.
He smashed his way into her cubicle, breaking the lock, and physically assaulted her, Mrs Justice McGowan told London’s Appeal Court.
But the girl fought back bravely and cried out as she heard a woman entering the toilet.
The woman cried for help and Newton, of Fisher Street, Workington, fled, knocking her to the ground as he pushed past her.
A passerby gave chase but lost sight of Newton. The pervert matched the attacker’s description however, and he was arrested at his home soon afterwards.
Newton admitted falsely imprisoning the girl with intent to commit a sexual offence and was jailed for 12 years at Carlisle Crown Court in 2015.
Condemned as a dangerous sex offender, he was also ordered to serve an extra eight years on extended licence after release.
He was subject to a suspended sentence and a sexual offences prevention order at the time of the attack.
And alcoholic Newton’s 14 previous convictions included an indecent assault on a girl over 16 and voyeurism.
The suspended sentence had been imposed in 2014 after he put a camera phone in the ceiling of a supermarket toilet.
Mrs Justice McGowan, sitting with Lord Justice Hamblen and Judge John Wait, said Newton had rightly been labelled dangerous.
Although he suffered from a mild learning disability and ADHD, he deserved “a very lengthy prison sentence”.
The victim had suffered distress, fear and anxiety and her family was concerned about the long term impact of the attack.
But the appeal judge ruled that Newton’s 12-year jail term, on a guilty plea, was “manifestly excessive in all the circumstances”.
She added: “Although the violence used was gratuitous and frightening, it caused no serious physical injury.”
Allowing the appeal, the judge added that, although extremely serious, it was “not the worst case” of its kind.
Newton’s jail term was reduced to 10 years, although the eight-year extended licence period remains in place.
But Mrs Justice McGowan emphasised that Newton will serve at least two-thirds of his jail term behind bars.
After his release, he will be closely monitored in the community for an extended period and could be recalled to prison if he put a foot wrong.
Cumbrian paedophile who wanted to sexually assault girl, 9, wants jail term cut
A predatory paedophile who wanted to sexually assault a nine-year-old girl he trapped in a public toilet is battling to have his jail term cut.
The schoolgirl targeted by 28-year-old John Robert Newton in Workington’s Vulcan Park toilets in the summer of 2014 only escaped because she bravely fought back and screamed for help.
Newton, of Fisher Street, Workington, later admitted falsely imprisoning the girl with intent to commit a sexual offence.
A judge at Carlisle Crown Court jailed him for 12 years.
Because the judge ruled him to be a dangerous sex offender, he was told he will have to serve an extra eight years on licence after he is released.
Newton has now launched an appeal against his sentence, with his lawyers claiming it was too harsh.
At London’s Court of Appeal, barrister Oliver Weetch said that his client had been sentenced as though he had actually committed the sex crime.
A 12-year prison term would have been appropriate if he had raped the child, but he had not and never intended to, he said.
The term which Newton is serving was “manifestly excessive”, the barrister told the hearing yesterday.
After taking several minutes to consider the case, Lord Justice Hamblen said a decision on the appeal would come at a later date.
“It seems to us this was a difficult sentencing exercise and we propose to reserve judgment on the appeal,” he said.
“It will be handed down in due course.”
The original prosecution hearing heard how an innocent trip to Workington’s Vulcan’s Park with friends turned into a nightmare for the schoolgirl when Newton targeted her as she went to the public toilets on August 26, 2014.
He had been drinking in the morning, polishing off eight cans of lager by the time he went into the women’s toilets in the park at 5.30pm.
The unsuspecting schoolgirl had been inside a locked cubicle but she became aware of somebody in the next one along.
When she looked up, she saw Newton trying to pull himself up, and then a mobile phone apparently being used. The defendant smashed his way into her toilet cubicle, using such force that the lock fell off.
After searching her bag, Newton told the girl to undress.
She refused twice and he grabbed her, saying he would hit her if she screamed.
Hearing somebody coming in to the toilet area, the girl yelled for help, prompting Newton to hit her three times, twice as she lay on the floor.
Hearing that somebody else was in the toilet, the girl again screamed for help and Newton fled. Two days later he was picked out of an identity parade.
The defendant admitted false imprisonment with intent to commit a sexual offence, common assault and assault causing actual bodily harm. He also admitted voyeurism and two breaches of a sexual offences prevention order.
Describing the girl’s ordeal, Judge Paul Batty QC – the judge at the time – said that it had been every parents’ worst nightmare.
Man who abused a nine-year-old girl in a public toilet has been jailed for 12 years
John Newton, 26, admitted going into the toilet in Workington’s Vulcan Park park intending to sexually assault the girl in August last year.
He had earlier pleaded guilty to false imprisonment with intent to commit a sexual offence, common assault and assault causing actual bodily harm.
Judge Paul Batty described the crime as “every parent’s nightmare”.
Newton, of Fisher Street in Workington, had also admitted one count of voyeurism and two breaches of a sexual offences prevention order.
Newton was told he posed a risk to children and would have to serve at least eight years before being eligible for parole.
‘Extremely dangerous man’
Judge Batty added: “This type of offence is about as bad as it gets.”
Speaking after the case, Isla Chilton, of the Crown Prosecution Service North West, said Newton was an “extremely dangerous man”.
She said: “This young victim showed great tenacity in refusing to comply with the demands of a strange man, even in the face of violence.
“She then bravely called for help causing him to flee, before this particularly serious incident could escalate further.”
Det Con Insp Mike Brown, who led the investigation, said: “Newton presents a significant danger to children and the wider community and the court have recognised this by taking away his liberty.
“We thank the public for their assistance in this case. They played a big part in providing information and evidence that helped to build a compelling case against him that led to his guilty plea and subsequent sentence.”