A sex offender who walked free from court after a sheriff said that prison wouldn’t change his behaviour has admitted a sex attack on a woman.
David Barrie, 34, of the city’s Wolseley Street, assaulted the woman last month at a flat by touching her while she slept.
He had been allowed to walk free from court last September after admitting breaching a sexual offences prevention order (SOPO) by having contact with girls under the age of 17.
Sheriff Charles Macnair QC told him at the time: “As custody doesn’t change your behaviour I am prepared to give you another chance in the hope that this will change your behaviour.”
He imposed a supervision order and unpaid work — despite being branded “high risk” by his own solicitor.
Critics branded Barrie a “danger to the public” and called for him to be locked up. Barrie admitted at Dundee Sheriff Court that, on November 16 or November 17, at a flat on Wolseley Street, he placed his hands inside the rear of the woman’s trousers and touched her buttocks while she was sleeping.
The offence was committed while she was unable to consent and when he had no reasonable belief that she was consenting.
Scottish Conservatives justice spokeswoman Margaret Mitchell, who questioned Barrie’s sentence last September, said: “Clearly we are dealing with an individual who is a danger to the general public and especially women.
“The concerns expressed at the time when the original judgement was made have been proven to be well-founded and hopefully reflected in the sentence he is now given.”
Kieran Watson, of city charity 18 and Under, added: “I hope there is a lesson learned from this — it has long been our organisation’s thinking that sentencing for sexual crimes is far from what is warranted.
“Letting this person walk out of court without a custodial sentence is disgraceful, especially considering the outcome.”
A spokeswoman for the Judicial Office, which represents sheriffs, said she couldn’t comment on the case, but said that “sentencing is a matter for individual judges, taking into account all the facts and circumstances in a case”.
Sentencing for Barrie has been deferred until January 8.