John Kilbourne Appeal 3 October 5th 1981 Court of Appeal
Court gives leave to appeal Redaction Some reports have had victims names redacted and some assault details redacted. This is a difficult balance- normally I would think that I should not “censor” details but on consultation with various people I have taken the decision to redact. This is mainly to protect victims, their friends and relatives from unnecessary detail and to stop the gratification of those who seek salacious details. In addition to the obvious “victims redaction” to protect victims details, there may also be “assault redacted” across most of the spectrum of abuse. The assaults are left in the charges, but mainly redacted when repeated with reference to the individual. I have also redacted unnecessary detail of assaults. Redaction may obscure sometimes the legal reason for the appeal, but should make no large difference to the vital information for researchers that these documents contain. That vital information is mainly names of the perpetrators, past addresses, institutions where assaults occurred, the actual charges the perpetrators faced, and dates – on which newspapers are pathetically inaccurate and this information enables the links between people and places and abuse at various times to be ascertained. Some transcripts may have been subject to automatic reading softwware and whilst effort has been made to correct these, the text should not be regarded as definitive. If you think that the balance is not correct or that a particular redaction needs reconsideration, please say. Index of Newspaper and Journal articles on this blog [1] Index of Court Appeals on this blog [2]
[1981] EWCA Crim J1005-1
No. 1396/A/81
IN THE COURT OF APPEAL
Monday, 5th October 1981
Lord Justice Griffiths
Regina v John Kilbourne
(Transcript of the Shorthand Notes of Walsh, Cherer & Co. Ltd., 36-38, Whitefriars Street, Fleet Street, London EC4Y 8BH. Telephone Number: 01-583 7635. Shorthand Writers to the Court.)
THE APPLICANT was neither present nor represented.
JUDGMENT
(As approved by Judge)
LORD JUSTICE GRIFFITHS: On 20th February, 1981 in the Crown Court at Leeds this appellant pleaded guilty to three counts of buggery and was sentenced to seven years' imprisonment on each count concurrent. After refusal by the Single Judge he renews to this Court his application for leave to appeal against that sentence and for an extension of time of five days in which to apply for leave. The Court will extend the time.
The offences of buggery to which he pleaded guilty were not of the most serious kind; but he was given an exceptionally severe sentence for offences of that character, no doubt because of his appalling previous record of similar offences.
There was before the trial judge a report by a psychiatrist who held out some hope that treatment might cure the applicant of his present abnormal sexual appetites. Certainly all other measures have so far failed, because he has served many sentences of imprisonment.
This Court proposes to give leave to appeal and to assign counsel and solicitors under legal aid, so that they may make proper investigations about the present prospect of obtaining medical treatment for the applicant if this Court should think that to be a proper course to take. Obviously it will be necessary to seek an opinion from another doctor, because, we understand, the psychiatrist who rendered the report to the court below has now retired.
Index of Newspaper and Journal articles on this blog [1] Index of Court Appeals on this blog [2] John Kilbourne has four appeals 1972 Jul 31 John Kilbourne Appeal 1 [3] Court of Appeal 1973 Mar 6 John Kilbourne Appeal 2 [4] Court of Appeal 1981 Oct 5 John Kilbourne Appeal 3 [5] Court of Appeal 1982 May 17 John Kilbourne Appeal 4 [6] Court of Appeal Please note that victims of abuse may be triggered by reading this information. These links are generally UK based.
The Sanctuary for the Abused [A] has advice on how to prevent triggers.
National Association for People Abused in Childhood [B] has a freephone helpline and has links to local support groups.
Other useful sites are One in Four [C]
and Havoca [D].
Jim Hoppers pages on Mindfulness [G] and Meditation [H] may be useful.
Hwaairfan blog An Indigenous Australian Approach to Healing Trauma [J]
Survivors UK for victims and survivors of male rape or the sexual abuse of men [K]
Voicing CSA group [L] helps arrange survivors meetings in your area
Links [1] Index of Newspaper and Journal articles on this blog https://cathyfox.wordpress.com/2015/05/23/newspaper-stories-index-timeline/ [2] Index of Court Appeals EWCA on this blog https://cathyfox.wordpress.com/2015/05/08/a-timeline-of-court-and-ewca-documentation-on-cathy-fox-blog/ [3] 2016 Jul 28 Cathy Fox Blog John Kilbourne Appeal 1 July 31st 1972 Court of Appeal https://cathyfox.wordpress.com/2016/07/28/john-kilbourne-appeal-1-july-31st-1972-court-of-appeal/ [4] 2016 Jul 28 Cathy Fox Blog John Kilbourne Appeal 2 March 6th 1973 Court of Appeal https://cathyfox.wordpress.com/2016/07/28/john-kilbourne-appeal-2-march-6th-1973-court-of-appeal/ [5] 2016 Jul 28 Cathy Fox Blog John Kilbourne Appeal 3 October 5th 1981 Court of Appeal https://cathyfox.wordpress.com/2016/07/28/john-kilbourne-appeal-3-october-5th-1981-court-of-appeal/ [6] 2016 Jul 28 Cathy Fox Blog John Kilbourne Appeal 4 May 17th 1982 Court of Appeal https://cathyfox.wordpress.com/2016/07/28/john-kilbourne-appeal-4-may-17th-1982-court-of-appeal/ [A] Sanctuary for the Abused http://abusesanctuary.blogspot.co.uk/2006/07/for-survivors-coping-with-triggers-if.html [B] NAPAC http://www.napac.org.uk/ [C] One in Four http://www.oneinfour.org.uk/ [D] Havoca http://www.havoca.org/HAVOCA_home.htm [E] SurvivorsJustice Triggers post http://survivorsjustice.com/2014/02/26/triggers-what-are-they-and-how-do-we-work-through-them/ [F] SurvivorsJustice Blog http://survivorsjustice.com/ [G] Jim Hopper Mindfulness http://www.jimhopper.com/mindfulness/ [H] Jim Hopper Meditation http://www.jimhopper.com/mindfulness/#cultivate [J] 2016 Jan 5 Hwaairfan blog An Indigenous Australian Approach to Healing Trauma https://hwaairfan.wordpress.com/2016/01/05/an-indigenous-australian-approach-to-healing-trauma/ [K] Survivors UK website for victims and survivors of male rape or the sexual abuse of men https://www.survivorsuk.org/ and twitter https://twitter.com/SurvivorsUK [L] Voicing CSA website – http://voicingcsa.uk/ helps arrange survivors meetings in your area. Voicing CSA supports the IICSA and VSCP and works to help adult survivors of child sexual abuse find their voice This is all written in good faith but if there is anything that needs to be corrected please email johnkilbourne@cathyfox.33mail.com cathyfox the truth will out, the truth will shout, the truth will set us free “The only thing necessary for the triumph of evil is that good men do nothing” – Edmund Burke “He who does not bellow the truth when he knows the truth makes himself the accomplice of liars and forgers.” Charles Peguy To sin by silence when we should protest makes cowards out of men – Ella Wheeler Wilcox