April 2013

Paedophile with HIV jailed for having unprotected sex with young boy WINS legal battle to allow him to work in places where children are present

• Stelios Kimpriktis allowed jobs where he comes into contact with children

• He was jailed after abusing boy and concealing his HIV 

• Judge says ‘He has served his punishment’

Top judges say there is nothing they can do to stop a ‘predatory paedophile’ with HIV – jailed for having unprotected sex with a young boy – from working in many jobs where he could encounter children.

Stelios Kimpriktzis, 38, groomed his underage victim online and lured him to woods where he persuaded him to have sex. He concealed his illness.

The former shopworker, of Ivy Leigh, Liverpool, was jailed for three years at Chester Crown Court after he was convicted of two counts of sexual activity with a child, one of meeting a child after sexual grooming and one of attempting to cause grievous bodily harm in April 2006.

Kimpriktzis, now free, was also handed a sexual offences prevention order (SOPO) banning him working anywhere he might come into contact with children under 16, among other restrictions.

Three of the country’s most senior judges have now upheld a challenge by Kimpriktzis against his SOPO, opening the way for him to take jobs where children may cross his path and softening other restrictions on his liberty

Lady Justice Hallett, sitting with Mr Justice Bean and Judge Michael Pert QC, said it would not be right to condemn Kimpriktzis to a lifetime on benefits, unable to work.

She added: ‘It must be understood that we are under an obligation to apply the law and, despite the seriousness of this crime, we cannot just lock someone up and throw away the key.

‘He has served his punishment. This court does what it can to protect children – you can do your best, but if you are simply depriving him of all liberty forever, the law does not allow you to do that.’

Mr Justice Bean said Kimpriktzis was 31 when he began grooming his victim, a boy under 13, online after meeting him in a chatroom.

Kimpriktzis lured the boy to secluded woods and persuaded him to perform sex acts, despite failing to tell the boy he was HIV positive, the appeal judge added.

After his conviction, Kimpriktzis was issued with a barring order, disqualifying him from certain professions involving unsupervised contact with children – such as teaching, nursing or driving a school bus – until 2016.

The trial judge had also imposed a SOPO banning Kimpriktzis, amongst other things, from working anywhere he might encounter children and from using websites where he could contact youngsters.

In 2009, a year after his release, Kimpriktzis was recalled to jail, and his SOPO amended to run indefinitely, after he tried to sell Doctor Who, Star Wars and He-Man memorabilia as well as other items with ‘obvious interest to children’ on Ebay, the appeal judge added.

In November 2011, Kimpriktzis applied to have the amended SOPO discharged, claiming the restrictions to his employment were ‘too wide-ranging’.

In support of his application, Kimpriktzis included two letters from shoe shops he said were prospective employers. ‘The letters,’ Mr Justice Bean added, ‘were found to be forgeries’.

Kimpriktzis later admitted perverting the course of justice in relation to this and received a six-month suspended sentence in June 2012, the judge said.

On appeal, Kimpriktzis argued the constraints on his employment were ‘disproportionate” and effectively blocked him from working anywhere except his own home.

He also argued that further prohibitions in the SOPO should be varied, so that he can have unsupervised contact with children over 16 and police can no longer remove his computer for inspection without a warrant.

The court allowed the appeal, making the variations and removing the employment restrictions, although Kimpriktzis remains banned from unsupervised contact with children under 17 without parental permission.

Mr Justice Bean concluded: ‘We bear in mind that the offence was serious and that, in light of the nature of that offence and the incident with the eBay items, the defendant can properly be described as a predatory paedophile.

‘Nonetheless, we consider, in accordance with the guidance of the relevant case law, that Kimpriktzis’ points are well made.

‘The trial judge said that it would not be desirable to condemn Kimpriktzis to a life on benefits. We agree.’

The barring order disqualifying Kimpriktzis from certain professions remains in place until 2016.