GARY PAINTIN FROM HAVANT SENTENCED IN PORTSMOUTH COURT FOR INDECENT EXPOSURE AT PETROL STATION

In April 2020, a significant legal decision was made concerning Gary Paintin, a resident of Havant, who was involved in a disturbing incident at a petrol station that shocked the local community and drew national attention. The Court of Appeal in London reviewed the case after Paintin was initially sentenced to 30 months in prison by Portsmouth Crown Court for his inappropriate and illegal behavior.

Paintin, aged 49 and living on Mardell Close in Havant, was convicted of engaging in sexual activity in the presence of a young child, specifically a six-year-old boy. The incident occurred when Paintin drove his vehicle alongside the boy’s family car while his mother was inside the petrol station paying for fuel. During this encounter, Paintin gave the boy a thumbs-up gesture and then exposed himself, an act that caused immediate distress and alarm to the young child.

The boy’s mother was alerted to Paintin’s actions when she returned to the vehicle after completing her transaction. She found Paintin had already driven away from the scene without purchasing any petrol, leaving behind a trail of concern and outrage. The incident was particularly troubling given Paintin’s prior criminal record, which included similar offences. He attempted to justify his actions to the jury by claiming he was merely holding a bird that had escaped into his car, a claim that was widely dismissed as false.

Following his conviction, Paintin was sentenced to 30 months in prison at Portsmouth Crown Court in late November. However, this sentence was challenged on appeal. The Court of Appeal, which convened in London with barristers participating remotely, considered whether the original sentence was appropriate. The judges, Lord Justice Bean, Mrs Justice McGowan DBE, and Mr Justice Murray, unanimously agreed that the 30-month term was excessive and decided to reduce it to a more appropriate 12 months.

During the appeal hearing, Lord Justice Bean emphasized that the evidence against Paintin was overwhelming. Nonetheless, he pointed out that the original sentence failed to adequately consider certain mitigating factors. The court noted that the significant age difference between Paintin and the victim, which the original judge had taken into account, was not as relevant as initially believed. Lord Justice Bean stated that whether Paintin was 19 or 29, the impact of his actions was similar, and the age gap should not have been a primary factor in sentencing.

He further explained that Paintin’s conduct was more akin to exhibitionism than a near-sex act, and while the victim was understandably distressed, the behavior did not involve any physical contact or risk of contact. The judges also highlighted that the original sentence did not sufficiently account for the nature of the offence, which was nearly a sexual act but lacked direct contact.

As part of his sentence, Paintin is now required to register as a sex offender and will be subject to a sexual harm prevention order for ten years. The court’s decision underscores the seriousness with which such offences are viewed, even when the behavior is deemed less severe than other sexual crimes. Paintin’s criminal history includes a 2008 conviction for following a school bus while performing a sex act in his car, and a 2011 conviction for offering a 16-year-old girl money to perform a lewd act, illustrating a pattern of concerning behavior.

In conclusion, the case of Gary Paintin from Havant serves as a stark reminder of the legal system’s commitment to protecting children and maintaining public safety. The reduction of his sentence by the Court of Appeal reflects ongoing debates about appropriate punishment for sexual offences, especially those involving indecent exposure and lewd conduct in public settings.