James Defalco, then aged 65, of South Devon, was sentenced to three years and three months’ imprisonment (39 months) at Exeter Crown Court after admitting to persistent breaches of his Sexual Harm Prevention Order.
The prosecution follows an enforcement investigation by Devon & Cornwall Police into multiple violations of court-mandated safeguarding orders.
The court heard Defalco, previously known as Derek Hornett, has an extensive criminal record comprising 21 convictions for 54 offences:
In 1989, he was convicted of unlawful sexual intercourse with a girl under 16 years of age.
In 2005, he became one of the first people in Britain convicted of recklessly infecting an 82-year-old widow with HIV, receiving 39 months’ imprisonment for grievous bodily harm.
In 2015, he was jailed for 57 months for initiating sexual relations without disclosing his HIV status, followed by a 32-month sentence in 2019 for the same conduct.
Under the terms of his SHPO, Defalco was strictly prohibited from being near children, required to inform prospective intimate partners of his HIV status, and barred from undertaking any paid or unpaid work without prior police notification.
Prosecutor Michael Green detailed that Defalco breached the order by carrying out nine months of paid painting and decorating work for a couple in South Devon without notifying his supervising offender manager.
The employers, unaware of his criminal record, felt sympathy for Defalco and invited him to spend Christmas Day at their residence, where two young grandchildren were in attendance.
When interviewed by police, Defalco stated he kept quiet about his employment because he did not want to lose his job or his wages.
Defalco pleaded guilty to:
- Two counts of breaching a Sexual Harm Prevention Order
Sentencing Defalco, Judge James Patrick stated it was difficult to imagine a worse case of breaching an SHPO, emphasising his appalling criminal record and persistent disregard for orders designed to safeguard the public.
The judge handed down a total custodial sentence of 39 months’ imprisonment.
Release Calculation: Under UK sentencing legislation governing standard determinate non-sexual offences, Defalco is required to serve one-half (19.5 months / 1 year, 7 months, and 2 weeks) of his 39-month sentence in prison custody before becoming eligible for automatic statutory release on licence. His projected release date falls in April 2028, whereupon he will remain subject to licence conditions and statutory community supervision until the expiration of the full term in December 2029.
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