ANDREW BLAIR FROM FAREHAM ESCAPES JAIL AFTER SEXUALLY ABUSING SIX-YEAR-OLD BOY IN WEST SUSSEX
In a case that has shocked the community, Andrew Blair, a 71-year-old man from Fareham, has been spared immediate imprisonment despite being convicted of sexually abusing a six-year-old boy.The incident took place in Blair's bungalow located in West Sussex, where he committed the abuse in the year 2000.
The court heard that the young victim managed to enter Blair’s property through what was described as an automatic "magic door," a term used to illustrate the child's perception of the door's mechanism.
Portsmouth Crown Court was informed that Blair, who is quadriplegic, had sexually assaulted the boy by scaling the side of his wheelchair.
The court was told that the child disclosed to police that he had entered Blair’s home and that the abuse occurred during this visit.
Given Blair’s severe physical condition, the court acknowledged the extraordinary circumstances surrounding the case.
Judge Roger Hetherington remarked that although it was difficult to imagine, the incident undoubtedly took place.
Andrew Blair’s disability is profound; he is completely paralyzed and relies on a motorized wheelchair that he steers using his tongue.
His daily life requires constant assistance, and his medical conditions include congenital cerebral palsy and epilepsy.
These factors played a significant role in the court’s sentencing decision.
The judge explained that under normal circumstances, the Sentencing Council guidelines would recommend a five-year prison sentence for such a crime.
However, due to Blair’s severe health issues and the impracticality of managing his incarceration, the court found it highly exceptional to deviate from standard sentencing.
Judge Hetherington stated, “I am satisfied in highly exceptional circumstances that it would be contrary to the interests of justice to follow the guidelines.
My reasons are firstly your history, as I’ve summarized it from the psychologist report, and secondly your present circumstances which indeed are the circumstances throughout your life.
It would be extremely difficult, if not impossible in my judgement, to deal with you in prison given your condition.” While the judge clarified that Blair did not lure the child with sexual advances, he acknowledged the significant age disparity between the offender and the victim.
Blair’s mental and physical health issues were considered crucial in the court’s decision.
In the sentencing, Blair was given a two-year prison sentence, which was suspended for two years.
Additionally, he is required to undergo 12 months of supervision, sign the sex offenders’ register for ten years, and adhere to a sexual harm prevention order that restricts his contact with children for the same period.
Blair initially denied any sexual activity with the child but was convicted at a retrial of one charge related to the abuse.
He was acquitted of 16 other counts, leaving the court to focus on the conviction at hand.
