OLD SWAN MAN BENJAMIN BERRY SPARED PRISON AFTER PUBLIC INDECENCY INCIDENT IN PRESCOT ROAD, FAIRFIELD

In December 2016, a disturbing incident occurred on Prescot Road in Fairfield, involving Benjamin Berry, a resident of Old Swan. Witnesses reported that Berry was seen engaging in inappropriate and indecent behavior on the petrol station forecourt, an act that shocked and horrified those present. Several customers, including a man accompanied by his 10-year-old daughter, were witnesses to the unsettling scene. The man, visibly upset, shouted at Berry, exclaiming, “What the f***ing hell are you doing? I’ve got my kid in the car,” highlighting the shock and concern felt by bystanders.

According to the prosecution, Christopher Taylor, the court was informed that the witness was so appalled by Berry’s actions that he immediately considered calling the police. However, he noted that Berry appeared unconcerned and indifferent to the situation. The witness expressed his outrage, suspecting that Berry might have been under the influence of drugs or alcohol at the time, and hoped that he would seek help for his behavior.

Another customer also observed Berry engaging in the act of masturbation during the incident, which took place around 7:30 pm. The police later learned that Berry, aged 30, had consumed a significant amount of alcohol prior to the incident, claiming to have drunk eight pints of beer along with spirits during a drinking session that started at midday with his boyfriend.

Benjamin Berry, who resides on Bell Street in Old Swan, admitted to charges of outraging public decency and possessing a small quantity of cannabis. His criminal history includes previous convictions for similar offenses. In 2010, he received a community order after committing a sexual offense at Liverpool Lime Street station toilets. Two years later, in 2012, he was given another community order after admitting to masturbating in front of a 14-year-old boy on Bedford Road in Bootle. His pattern of inappropriate behavior continued, and in August 2015, he was handed a three-year community order following an incident where he exposed himself in a Liverpool city centre sex shop. Staff at the shop asked him to leave, but he was later seen masturbating outside the Private Shop in Moorfields in August 2013.

When questioned by police about his conduct, Berry reportedly said, “It’s just one of those things I do when I’m bladdered,” indicating a pattern of behavior linked to intoxication. His history of breaches includes failing to comply with community orders and neglecting to register as a sex offender. Last August, he appeared in court again after breaching his community order and failing to sign the Sex Offenders Register. He was given a 12-month conditional discharge for missing probation appointments and for not disclosing that he had begun seeing a sex offender.

During the sentencing hearing, Recorder David Turner, QC, expressed the view that Berry’s repeated offenses and breaches warranted a prison sentence. He remarked, “There comes a time when giving people community orders and them just ignoring them, it makes a mockery really of the system, doesn’t it?” While acknowledging that most members of the public would expect incarceration, the judge ultimately decided that Berry required help rather than imprisonment. Consequently, he was sentenced to 10 months in prison, suspended for two years. Additionally, Berry was subjected to a three-month home curfew from 7:30 pm to 7:30 am, fined £50 for the cannabis possession, and ordered to undertake an alcohol treatment program and a rehabilitation activity requirement.