Benjamin Mackay JAILED for 3 years 4 months
Benjamin Mackay had sentence deferred for good behaviour at Inverness Sheriff Court on April 13 after he admitted possessing a stash of indecent images of children.
But just five days later, the 23-year-old pounced on a victim at a flat in south-east London.
The former lifeguard, who also has a conviction for asking two schoolgirls to send him naked pictures of themselves, was jailed for three years and four months at Woolwich Crown Court this week.
Mackay groped the sleeping 29 year-old between her legs, causing a tiny cut.
Mackay, of 5 Woodlands Close, Westhill, Inverness, pleaded guilty to assault by penetration on April 18 at an address in Birling Road, Erith, south-east London.
Prosecutor Julia Faure Walker told the court Mackay had travelled down to London to assist an elderly relative with some decorating, but decided to stay overnight at another house ten minutes away.
“Alcohol was consumed and the victim, who was staying at the house overnight, bought more alcohol and the defendant was also drinking.”
Miss Faure Walker told how the victim fell asleep at about 11pm, and the assault happened.
She added: “It maybe lasted twenty seconds and she felt in danger.”
Mackay offered her a cigarette then went outside for a cigarette.
“She recalls feeling quite disgusted. The defendant returned and started to stroke her legs as she lay on the sofa.”
The next day the “emotionally fragile” victim reported Mackay to the police and when arrested he told officers: “No way, no way.”
He has been in custody ever since.
The court heard the victim suffered a 0.5 millimetre laceration. “She is receiving counselling and says her trust in people has disappeared,” added Miss Faure Walker.
In her victim impact statement she said of the period following the sexual assault: “Those days were the darkest days of my life. After the assault I tried to carry on as normal. I attempted to go to work, but couldn’t get through the door and sat in my car, not knowing what to do. For a stage I went completely numb and considered quitting my job and packing up and running away and it took a long time before I felt any better.”
Mackay’s lawyer Mr. Sachin Rajput told the court: “He’s pleaded guilty without wasting the court’s time. This is an isolated, opportunistic incident. He’s gone one step, maybe two steps too far. Her legs were on him and he did something he regrets.”
Mackay has completed 140 hours of the 300 hours community service work he received for the offence involving the two young girls.
On his internet dating profile the six foot one defendant says he’d like to have children, despite currently needing permission to be in the company of underage youngsters.
Judge Nicholas Heathcote-Williams QC told Mackay: “This was committed five days after a sentence was deferred in Scotland to test if you were behaving well.”
Mackay was also ordered to sign the sex offenders register indefinitely and was placed on the barring list preventing him working with children and vulnerable adults. Source Press & Journal
A leisure pool lifeguard who downloaded indecent images of children after he had been caught asking two under-age girls to send naked pictures of themselves to him had sentence deferred for a year for good behaviour yesterday.
In February, Sheriff Margaret Neilson had called for a background report on 23-year-old Benjamin Mackay who pleaded guilty to having indecent images and videos on his computer on October 24, 2014.
She also asked for a progress report on a community payback order imposed in May last year for the earlier offence.
Mackay, of 5 Woodlands Close, Westhill, Inverness had been sentenced to 300 hours of unpaid work and a three year supervision order after admitting two offences of sending sexual messages to the girls and asking them for naked pictures of themselves in July, 2013.
But yesterday, defence lawyer Rory Gowans told Inverness Sheriff Court that “the robust order” was going well and the report on Mackay was “very positive.”
“My client is taking this very seriously and I would ask the court to defer sentence to allow this good work to continue.”
Mackay had already been placed on the Sex Offender’s Register. Press & Journal
Lifeguard groomed sisters with false identity 12 May 2015
A LIFEGUARD at an aquadome groomed two under-age sisters on the internet in a bid to have them take naked pictures of themselves and send them to him.
Using a false Facebook identity, 22-year-old Benjamin Mackay, of Woodlands Close, Westhill, near Inverness, used the name Danny Smith to contact the ten- and 13-year-olds separately. But he used his actual image on the social media site and the girls recognised him, Inverness Sheriff Court heard yesterday. Mackay, who worked at the Inverness Leisure Centre where he met the two girls, admitted two offences of sending sexual messages to the girls and asking them for naked pictures of themselves.
One conversation with one of the girls included the request: “Fancy doing something for me but keep it a secret between you and me? Xx”
The girl refused, asking him if he knew how old she was? He said 13 and added: “Age is just a number.”
Mackay then asked for a picture of her in her underwear or just a part of her anatomy.
In a 76-minute conversation with the other girl, he made a similar request, saying: “You are good looking and your funny and an amazing person.”
The girl repeatedly refused, finally adding her reason: “Cause ur a paedo!”
Mr Urquhart said she then went to her father and said: “Dad, I need to show you this” and told him about the conversations. He took screenshots of the Facebook conversations which he was able to provide to the police who were called that night.
Mackay told police who interviewed him that he created the fake account so that he could keep it secret from his then girlfriend, adding that he regretted that it happened.
Defence agent Shahid Latif reserved his comments until sentencing.
Sentence was deferred until 9 June for a background report and he was placed on the sex offender’s register. Scotsman
Benjamin Mackay asked underage girls for naked 12 May 2015