BRANDEN KILMARTIN FROM YORK SENTENCED TO 18 MONTHS FOR CHILD ABUSE CASE INVOLVING GROSS INDECENCY

In a case that has shocked the community of York, Brendan Christopher Kilmartin, aged 52, was sentenced to a term of 18 months in prison at Leeds Crown Court for multiple serious offences involving the incitement of young children to engage in acts of gross indecency.

Judge Peter Charlesworth presided over the case and made it clear that Kilmartin's actions, which took place in July and August of 1997, warranted a significant custodial sentence. The judge emphasized that Kilmartin would need to undergo extensive psychological assessments before being allowed to live with any children in the future. This consideration was particularly pertinent given that Kilmartin's wife, who married him while he was on bail, already had children of her own. The court noted that her existing family situation might prevent her from cohabiting with her husband again.

Prosecutor John Hitchin provided details about the offences, which occurred during the summer of 1997. The judge remarked that if these offences had taken place just a month later, under the new legislation in effect at that time, Kilmartin could have faced even harsher penalties. However, due to the timing of the crimes and Kilmartin’s decision to plead guilty, the court settled on an 18-month sentence. The judge also highlighted that the sentence would include a period of assessment aimed at helping Kilmartin address and overcome his offending behavior.

In his defense, Kilmartin’s legal representative, Andrew Axon, explained that the defendant had suffered a brain injury during a rugby match on November 8, 1978. This injury, Axon stated, had a significant impact on Kilmartin’s mental state, reducing his inhibitions against certain sexual behaviors and causing memory loss. The defense argued that these factors, combined with the increasing amount of drugs Kilmartin was self-administering leading up to the offences, meant that he was not fully in control of his actions at the time.

Mr. Axon further conveyed that Kilmartin fully accepted his involvement in the crimes and expressed remorse for his actions. After the offences came to light, Kilmartin voluntarily sought treatment at Bootham Park Hospital, where he disclosed details of his offending to staff, fully aware that the police would be informed. It was also noted that police might have been alerted through other channels as well.

Additionally, the court was informed that Kilmartin faced similar child abuse charges related to a period before his brain injury, but these charges were left on file after he pleaded not guilty to them. The case has raised serious concerns about the safety of children and the importance of thorough psychological evaluation and monitoring for offenders with complex medical histories.