Indefinite jailing refused appeal

Press, 30 September 1988, Page 5

Indefinite jailing refused appeal

PA Wellington A man who paid young boys for allowing him to commit indecencies has been refused leave to appeal an indefinite prison term imposed on him. Brian John Ebbett was sentenced to preventive detention after he pleaded guilty to four charges of unlawful sexual connection with boys, five of doing indecent acts on boys and one of permitting those boys to do an indecent act on him. In a Court of Appeal decision released this week, Justice McMullin said it had been submitted a finite term of imprisonment would have met the requirements of justice. As well, it had been submitted that too much importance was placed on the need to protect society when all the complainants had consented and had shown no adverse effects. In October, 1987, Ebbett befriended a group of boys aged between eight and 11. He arranged that if they wanted to engage in sexual activity with him, they were to meet him at the rear of a

factory. Between October 1, 1987, and February 4, this year, sexual activities took place between Ebbett and the boys. He paid them varying amounts of cash. Later, he told the police, he had a weakness for males and apologised for what he had done. Justice McMullin outlined Ebbett’s history of indecency offences. His first convictions were in 1945 and the latest in 1974. The crucial question was whether preventive detention was vital for the protection of the public. It was noted he had shown little motivation towards seeking help, repeatedly claiming he had learnt his lesson and could deal with his problem himself. These offences were in much the same pattern as previous offences. Justice McMullin said the sentencing judge was entitled to take the view the public needed to be protected from Ebbett and that this could only be done by preventive detention. Leave to appeal was dismissed.