A high risk Dundee sex offender who previously avoided a prison term after a sheriff told him custody “doesn’t change your behaviour” has been jailed for sexually assaulting a woman.
David Barrie faced jail in September 2014 after breaching an order banning him from having any contact with girls aged under 17 due to his history.
A sheriff gave him a community payback order (CPO) with 135 hours’ unpaid work and supervision after he was caught drinking alcohol in his flat with a 16-year-old girl.
Sheriff Charles Macnair QC told Barrie at the time: “As custody doesn’t change your behaviour albeit a CPO didn’t change it before I’m prepared to give you another chance in the hope that that will change your behaviour.”
Just over a year later Barrie was arrested again after sexually assaulting a woman at a flat in Dundee.
He admitted at Dundee Sheriff Court that, on November 16 or November 17 last year 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”.
Barrie’s previous convictions include carrying out a sex act outside a Chinese restaurant on New Year’s Day 2012.
Barrie, 34, of Wolseley Street, pleaded guilty last month to sexually assaulting the woman at a flat in Dundee by touching her while she slept.
At a hearing on Friday, defence solicitor Douglas McConnell said: “There is little I can say about Mr Barrie and perhaps the less I say the better.”
Sheriff Elizabeth Munro jailed him for eight months and placed him on the sex offenders register for 10 years.