202501950 A5 - [2025] EWCA Crim 1047

The Court had a report from Dr Pablo Vandenabeele, a consultant forensic psychiatrist. He took a detailed history, including access to the Offender’s medical records, which was broadly consistent with the information available to and recorded by Dr Smithson and the writer of the Pre-Sentence Report. It included noting a history of self-harming when 13-14 and subsequently after his arrest. The Offender’s account of his involvement with others was:

“13.4

… [Some] years ago he had started talking online to some older men and he said: “I felt I had friends”. He also told me that after some 6 or 12 months these people started sending him pictures of sexual acts involving young people. He said that he used to speak to these men a couple of times per week and he estimated that he had been sent in the region of 60 to 100 images. [The Offender] said that he had never asked for these images and that he had not used these for sexual gratification.

13.5

[The Offender] said that after some time these men started telling him that he owed them (“Now you owe us”) for these pictures and that they were putting pressure on him to “do things” to [V] and send them pictures of this. He said that he was frightened of these people in case they “try to find me.”

13.6

He said that on different occasions he took sexual pictures of [V] and he also said that he has been accused of trying to insert his penis “inside her” to take a picture. He said that he realised that such acts were wrong but that he was scared of what the people he had met online would do to him.

13.7

[The Offender] reported feeling embarrassed and ashamed about the alleged events. He also stated that he does not have any sexual interest in young people.”

It will be noted that his assertion that he does not have any sexual interest in young people is inconsistent with what he said to Dr Smithson and on interview by the police. Dr Vandenabeele then reported on the Offender’s account in interview which included the Offender’s account of discussing child abuse (including the assaulting and rape of young children) over a protracted period.

Dr Vandenabeele’s opinion was that the Offender was suffering from a likely diagnosis of ASF with a likely comorbid history of adult ADHD and a complex history of emotional difficulties. In expanding and explaining his opinion he was clear that a condition of ADHD does not provide an explanation for the alleged events. On the information available to him, there was a repeated pattern of the alleged events and the alleged behaviours cannot be regarded as being the result of impulsivity: para 15.18. He continued:

“15.19

Whilst it is not my view that the events subject of the current allegations were directly caused by a condition such as ASD, it is my view that such a condition may provide a valuable and important contextual understanding of his alleged offending. First, it is my opinion that as a result of such difficulties he experiences difficulties understanding the impact of his behaviours may have upon alleged victims. Second, I also note the following from the literature: “Individuals with ASD seem to have more hypersexual and paraphilic fantasies and behaviours than general-population studies suggest. However, this inconsistency is mainly driven by the observations for male participants with ASD”. Third, it is my view that as a result of the social difficulties associated with a diagnosis of ASD, he would be more vulnerable to exploitation by others; this would be relevant if Mr Grace’s account is accepted that he had formed online “friendships” with older men encouraging or pressuring him to engage is sexual activity with V.

15.20

It is therefore my view that his mental health difficulties that, in my opinion, result from a likely conditions of ASD would likely reduce his culpability to some degree although this and the extent of this is ultimately a matter solely for the Court to determine.”

It was Dr Vandenabeele’s strong recommendation that the Offender be referred to the local ADHD services, which he understood had been initiated; and that he be referred to the specialist adult ASF services.