Aylesford pedophile released

A convicted child molester from Kings County who could not guarantee a judge that he would not reoffend is no longer behind bars.

John Trevor Herbert of Aylesford has been released from prison, as required by law, after serving two-thirds of his sentence for molesting three girls.

“You have been assessed as a heterosexual pedophile (who) is unable to self-manage your offence cycle,” the National Parole Board wrote in a decision dated Nov. 16.

“You present a high risk of reoffending in a sexual manner, and the attending psychologist expresses limited faith in your ability to self-manage risk, and you have not been honest to date.”

Mr. Herbert will live at an unnamed halfway house, with no leave privil-eges, until his sentence ends on July 16, 2008.

After that date, Mr. Herbert, earlier declared a long-term offender, will be supervised in the community until July 22, 2009. During that time, he is to receive treatment and cannot be with girls under age 18 unless accompanied by a responsible adult who is known to his parole officer.

“Simply put, you need to be held accountable, and access to treatment from a structured setting cannot be left to chance or the assistance of a third party,” the board said.

In November 1999, Mr. Herbert, then 60, was declared a dangerous offender, a year after he pleaded guilty to two counts of sexual assault and two of indecent assault involving three victims in the 1980s and 1990s. The designation was upheld in a 2001 ruling but overturned on appeal.

At Mr. Herbert’s dangerous-offender hearing, a psychiatrist who testified for the Crown said Mr. Herbert was at moderate risk of reoffending. Another said the risk was substantial.

A psychologist called by the defence testified Mr. Herbert was at a low risk of reoffending and was strongly motivated to deal with his problem.

But in her decision, provincial court Judge Claudine MacDonald referred to Mr. Herbert’s testimony at the hearing. He said he’s not likely to reoffend, but added, “I can’t guarantee anything.”

In 2002, Nova Scotia’s Appeal Court ruled that Mr. Herbert should not have been declared a dangerous offender.

The Appeal Court found that provincial court Judge Claudine MacDonald failed to reassess all evidence and did not analyze core findings of an expert assessment that found Mr. Herbert’s risk of reoffending was moderate, or less than 50 per cent.

In allowing the appeal, the Appeal Court found that Mr. Herbert is a long-term offender and replaced his indefinite prison term with four years for the sexual assault convictions. He was to serve that term at the same time as the four years he was serving for the indecent assaults.

While on parole last November, Mr. Herbert violated his release conditions by becoming involved with two young females. For this, he was sentenced to an additional 20 months.

Published in: on November 20, 2007 at 6:51 pm  Leave a Comment  

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