Former University of Chester student Gayle Newland is set to be sentenced today (July 20) for tricking her female friend into a sexual relationship using a blindfold and a prosthetic penis.
In a case which made international headlines, 27-year-old Newland, of Hooton Road in Willaston, used the online persona of a half-Filipino man named Kye Fortune to seduce her victim, before convincing her to wear a blindfold for as many as 10 sexual encounters.
The victim claimed that she had no idea her close friend Gayle and her 'fiancé' Kye were the same person or that the strap-on prosthetic sex toy was not a real penis.
Newland broke down in the dock as she was convicted of three counts of sexual assault by penetration after a re-trial at Manchester Crown Court on June 29.
She had already been jailed for eight years after a trial in 2015, but had her conviction quashed by the Court of Appeal last year and was freed on bail ahead of a new trial.
The appeal court ruled the original trial judge, Roger Dutton, QC, was “not fair or balanced” when he summed up the evidence to the jury.
Newland was warned to expect a lengthy prison sentence by the Recorder of Manchester, Judge David Stockdale, QC, when the latest verdicts were announced.
Our colleagues at The Liverpool Echo will be providing live updates from the hearing.
Key Events
Newland's cries audible as she is led to the cells
Newland cried “No” as the judge ordered her to sign the sex offender’s register.
She must remain on the register for life.
Newland must also be the subject of a lifelong sexual harm prevention order (SHPO) the terms of which state:
She is prohibited from befriending or seeking to befriend a person while using a false identity.
She is prohibited from owning or accessing a device which is capable of accessing the internet unless it is capable of storing browsing history, chatlogs and other data, she does not refuse a request from the police or Probation to view such a device or it’s contents.
The hearing is complete and Newland looks up to the public gallery, where her friends are in tears. He mum is in the gallery, having been hidden from view.
She can be heard crying in distress as her family shout comforting words and blow kisses.
Her cries are still audible as she is led to the cells.
Thanks for following, that concludes our coverage of the hearing.
Newland 'shaking her head and crying'
Newland sinks to the floor in tears.
She cries: “No” as the judge orders her to sign the sex offender’s register.
She must remain on the register for life.
She clings onto the glass panels of the dock, shaking her head and crying.
Newland is jailed
Judge Stockdale asks Newland to stand. Her jacket is off and she is deep distress
HE SAYS THERE IS NO CHANCE OF A SUSPENDED SENTENCE
JS: “This was very serious sexual offending committed by means of a planned and sustained deceit which has caused significant harm and distress to the victim.”
He says however that he can set a lower starting point than in 2015 due to the psychiatric reports that have become available since then.
Newland has her face in her hands and is sobbing intensely.
NEWLAND IS SENTENCED TO SIX YEARS FOR SEXUAL ASSAULT
SHE IS SENTENCED TO SIX MONTHS IN PRISON FOR FRAUD TO RUN CONSECUTIVE TO THE SIX YEAR SENTENCE
A total sentence of six years and six months is passed.
Fraud
Newland sits up, and appears to be in tears for the first time since the hearing starting.
Judge Stockdale begins outlining the sentencing guidelines.
He says the starting point is eight years, which was the sentence after the original trial.
JS: “You have mental disorder or conditions which are linked to the commission of these offences. I take these conditions into account and I find they are a significant mitigating feature, and indeed the most significant mitigating feature.”
Judge Stockdale says he must pass a sentence no higher than eight years due to the previous trial.
However that does not include the fraud, which he refers to now.
He says the company contracted with internet bloggers who posted advertising web contact for clients.
JS: “You used passwords to authorise false payments to fictional bloggers who you yourself had created. You had to create false blogger profiles to commit the fraud. It was a planned and sophisticated deceit over 18 months.”
He says the guidelines around fraud suggest it is a high culpability case aggravated by abuse of trust, significant planning and sustained offending over time.
He says the starting point is 18 months in jail, with a range of 6 months to 3 years.
Judge Stockdale notes also that it was an offence committed on bail for the sexual offences.
Newland wishes victim 'nothing but happiness'
Judge Stockdale says: “It happens you have shown no remorse, you have maintained your denial of fault and you have accordingly lost credit for admission of wrongdoing.”
However he says Newland was a woman of previous good character and has a complex psychological background.
Judge Stockdale says evidence of confusion regarding sexuality and gender identity and uncertainty of sexual orientation have become evident since the first trial.
“A recent diagnosis in 2016 is one of Asperger’s syndrome in his recent report Doctor Barrett makes comment that by reason of your Asperger’s syndrome you will be particularly vulnerable in a prison environment to manipulation by others, not knowing that such manipulation is taking place. He says for you prison will be particularly difficult.”
He says Dr Barrett is of the opinion that any prospect of Newland carrying out similar crimes is low.
Judge Stockdale says her difficult adolescence and her psychiatric background are “not an excuse” for what she did to the victim.
Newland is still not visible from the dock, and remains crouched below a wooden panel.
Judge Stockdale says he has received a letter from Newland.
JS: “You say in a letter you have no bad feeling to the victim whatsoever and ‘wish her nothing but happiness’ end quote. There remains no acknowledgment of the wrong you did to her.”
Difficult to imagine “deceit so damaging”
The judge says these offences demonstrate: “An extraordinary degree of cunning and a chilling desire on your part to manipulate and control the lives of others…”
He says the deceit culminated in Newland having sex with the victim using a prosthetic penis.
JS: “It is difficult to conceive of a deceit so degrading or a deceit so damaging to the victim on its discovery.”
He says the sexual encounters numbered around 15 in all.
He says the victim was “particularly vulnerable.”
He says she had been abused in the past by another and had a difficult upbringing.
Judge Stockdale pauses because Newland has crouched down in the dock, and is not visible.
He continues with his sentencing remarks.
He says the victim has suffered anxiety, stress, sleeplessness, fear of going out and shame since the offences.
Judge Stockdale said the victim described drinking to excess and being promiscuous after discovering the truth.
He says any suggestion that this does not fit in with the behaviour of a sexual assault victim is “ignorant” of the diverse range of behaviours resulting from such trauma.
"Absolute control"
Judge Stockdale begins recounting the details of the deception
JS: “Kye Fortune did not exist, he was a complete fiction, an alter ego created by you online; the photos were of a real man used by you without that man’s permission.”
He says Newland allowed the victim’s feelings for Kye develop and encouraged them while befriending the victim as her own identity.
Examples included Newland telling the victim that she was friends with Kye and all he spoke about was her.
“On social occasions you warned men to stay away from (the victim) because you knew her fiance.”
He reminds Newland that she told the victim she looked forward to dancing at her wedding to Kye.
“It was only when you control of her was absolute that you put your deceit to the ultimate test.”
“She wanted to believed that Kye had a battery of health problems including injuries from a car accident, a tumour in his head...loss of muscle tone, all of these ailments and treatments requiring Kye to wear a covering over his head and his torso all of those ailments and treatments justifying his wish not to be seen….she believed this because she wanted to believe it.”
Judge Stockdale says the evidence that at least three other women were taken in by Kye Fortune.
One, who gave evidence to police, said she developed very strong feelings for Kye Fortune at the same time he was speaking to the victim.
This continues even when the police became involved, with Newland as Fortune saying that his best friend had gone to the police because he had rejected her.
“You continued to manipulate her in exactly the same way you did with (the victim).”
Sentencing remarks
There is a pause as the judge prepares to deliver the sentence.
He allows her to sit down.
He says he will first deal with the sexual assaults.
“On June 29 this year the jury by a majority of 11-1 found you guilty of counts one, two and three on the indictment, all three were sexual assaults by penetration.”
He says the penetration was with an object namely a prosthetic penis, on the woman, who cannot be named.
Judge Stockdale: “She did not consent to these invasive acts of penetration because her willing compliance with your abusive behaviour was obtained by a deceit. This was a deceit of such subtlety and cunning in its planning, and was a deceit from your point of view so successful in its execution, that an outsider to this case might find the facts difficult to comprehend.
“But in this case the truth, the whole truth, is as surprising as it is profoundly disturbing.”
Ready for sentencing
Judge Stockdale enters court and Newland stands in the dock. She has so far remained calm.
Newland back in the dock
Newland returns to the dock.
She sits with her eyes closed and looks as if she is whispering to herself.
Defence urge judge to consider suspended sentence
Mr Power suggests that if Newland was a first time offender and was not being sentenced for the other matters the fraud would likely not result in an immediate prison sentence.
He says the pre-sentence report suggests that the offence is linked to Newland wanting a relationship with a woman at a time when she felt “emotionally unable” to do so openly.
NP: “In our conclusion we make these points, with a view to urging you to give anxious consideration to a suspended sentence
“Firstly the unusual circumstances of the case, secondly the fact that the online profile was not created with a view to criminality, thirdly the psychiatric background...fourthly and significantly the improvement the defendant has made since her diagnosis.
“fifthly and unusually in this case the fact that the defendant has served a significant period of custody.
Mr Power says that he does not wish to add to the notoriety of the case by explaining “whose wing” the defendant served time on while in prison.
But he says the notoriety of this case placed her in a situation that she found daunting and intimidating, and a situation that she would not have found herself in if it was not for the notoriety.
Mr Power concludes his mitigating remarks.
Judge Stockdale says he will rise and pass sentence at 12.30pm.
Fraud was 'stupid offending'
Mr Power says the defendant now has a good insight into the conditions she has been diagnosed with and is obtaining treatment.
Mr Power; “She is now in a much better position to express herself in the way she has always wanted to do.”
He suggests however, that the specialist help she could get out of prison will simply not be available in custody.
Mr Power suggests that when the sentencing guidelines were drawn up “it is difficult to imagine these kinds of cases were at the forefront of their minds.
NP: “I’m going to deal with the fraud, briefly. It was stupid offending.”
He suggests that there was persistence, but not at a “high and serious level.”
Gender dysphoria
Mr Power says that the pre-sentence report contains significant detail about the defendant’s background.
He reads a summary of diagnosis of Newland’s mental state.
He says she suffers from Social anxiety disorder, generalised anxiety disorder, depression, Obsessive Compulsive Disorder, eating disorders, dyspraxia, Asperger’s syndrome and gender dysphoria.
Mr Power says some of these conditions were not diagnosed at the time of the original sentence.
He says the doctor described a link between the condition of Asperger’s and gender dysphoria.
Judge Stockdale says while there is a clear history of anxiety and depression from an early age, but notes there are no records of her raising the other issues with a GP.
Mr Power suggests that “until I became involved in this case gender dysphoria is not something that I had encountered.”
He suggests that it is a difficult area for GPs to identify.
He says her behaviour fits with the diagnosis, even before the diagnosis was made.
Mr Power says the doctor who diagnosed Newland was “at the top of his game in that particular area.”
NP: ““There is powerful mitigation in the psychological aspect of this defendant’s background.”
Mental disorders “linked to offending”
Mr Power suggests that under the sexual offence guidelines Newland could not be said to have committed an abuse of trust, as the guidelines suggest this is more appropriate where the “parties are not on equal terms.”
Mr Power suggests that the mental disorders suffered by Newland were linked to the commission of these offences.
Mr Power says the doctors were asked specifically whether the mental issues faced by Newland were linked to the commission of these offences.
He says both doctors concluded “firmly” that this was the case.
Judge Stockdale interjects and suggests that this is merely a mitigating feature after the starting point for sentence has been established.
Mr Power suggests it is a “powerful” mitigating feature.
Psychological harm ‘not severe’
Mr Power says that it is possible to come to the view that the victim of any sexual crime is likely to come to some psychological harm.
He suggests that it is in question whether the harm caused to the victim can be considered ‘severe’ in the context of sexual offences.
NP: ““Equally we submit that if she was vulnerable, she was not particularly so. One has to bear in mind that despite everything she has said she was a woman in her 20s at University when the offending took place.”
He says without seeking to minimise the fact there was more than one instance of offending, the victim did not realise she not consented until the end.
NP: “It means the trauma that might ordinarily be associated with repeated offending, where the complainant knows it is offending, is not present here.”
Mr Power accepts that while there was planning, the online persona of Kye had not been created for the purpose of committing this offence, and had been in existence for around 8 years.
“Significant and long term” psychological difficulties
The judge has read the report and Newland is back in the dock.
Mr Power asks the judge to look at a number of character references “which reflect another side of her.”
“They are helpful to her cause because they not only show her good qualities but also reflect something which we will rely on in greater detail but how she was in her childhood and her psychological background.”
Mr Power says that in the last trial he asked Judge Dutton to ask the press to exercise restraint. He says the judge declined to do so and the case became “the most notorious in the North West for some time.”
He refers to the Sun contacting the complainant’s family but asks the court not to blame this on defendant.
He says most of the coverage has been “balanced” but “this person in custody and out has become a real recognisable person and this in itself is real punishment.”
Mr Power says they cannot envisage a time when she will not be recognised by anyone new she meets.
NP: “We submit that the wealth of psychiatric material shows that both in terms of her sexuality and her sex this defendant has had significant and long term difficulties, which in perhaps an ironic way have started to improve since this case first concluded in Chester and she began to seek proper psychiatric intervention and sought to address the issues that she had and began to face them.”
Newland asks for a break
Having said that, the judge now realises he has not read an updated Pre-Sentence Report, and asks the court to wait for a couple of minutes while he looks it over.
Newland has remained calm and neutral throughout.
A message is passed to the judge from Newland asking for a comfort break.
She is allowed to head downstairs, to the court custody area, while the judge considers the report.
Mitigation begins
Mr Medland asks for Newland to pay a contribution to prosecution costs.
He asks the judge to consider compensation for the victims of both sets of offences.
Mr Power, defending, rises to begin mitigation.
He begins by saying that Newland did not fund her defence herself but relied on her family.
He says she has been out of work for some time and has not worked since her release from prison following her appeal.
Mr Power apologises for “the amount of material” he has served on Judge Stockdale.
The judge indicates he has read everything he has been asked to read.
Newland created multiple “false identities”
SM: “In order for the defendant make the scam work she needed to create false blogger profiles.”
It was a feature of the way the company worked they needed to use a large number of bloggers...the payments to the bloggers were quite modest by and large.”
He says the fraud began with modest amounts before moving to larger sums.
“It’s difficult to be precise about the number of fake identities the defendant created to carry out the fraud but it was around 10.”
Newland scams her employers
Mr Medland moves on to the fraud matter.
He says during the course of the first trial she worked for an internet company.
“While she was employed she abused the trust placed in her to create false client profiles”
He says that Newland took money to the benefit sum of £9,000 over the period of around 18 months. He says the starting point for the offence under sentencing guidelines is 18 months in prison with a sentencing range of 26 weeks to three years in prison.
He says the offence constituted an abuse of trust and involved significant planning.
Judge Stockdale interjects: “This was not a one off.”
Mr Medland says: “The defendant was employed from 24 February 2014. The company is a small business which acts as a sort of internet based advertising agency; they pay bloggers to advertise products for their clients.
“During the course of her employment the defendant became entrusted with quite a high level of responsibility and held a senior team position...and had staff that she managed.”
He says Newland misused her “comparatively senior” position in the company. She was able to save the password a senior manager had used to authorise payments to fictional bloggers that she herself had created.
"the nightmare still remains, disgust still remains and anger still remains."
Mr Medland continues: “She has profoundly changed the course of my life for the worst, from hopeful student, to hopeless nothing.”
Mr Medland says that since the original case the victim has managed to an extent to “turn her life around” and achieved a Masters degree.
However in her latest statement she said: “Although I have somehow managed to gain enough confidence to see myself through interviews and general social settings the nightmare still remains, disgust still remains and anger still remains.
“Although I to an extent understand Gayle’s issues, she had shown no remorse...she has created an invisible prison for the joyful persona I once had.
“I only hope that one day I can move on fully, and not do the time with her.”
Mr Medland says the prosecution acknowledged that the defendant had issues coming out as gay, but said she lived in a “tolerant world.”
"My youth, personality and vitality has been taken.”
Mr Medland says there are two victim personal statements from the victim.
He says there was also evidence during the trial that her “plans for making friends and forging relationships at University were affected by what Newland did to her.”
He says Newland gave advance to the victim about who she should or should not be friends with “effectively corralling her.”
He says: “(the victim) stressed to the jury during the trial the stressful effect these things had on her life at the time.”
The victim described “going off the rails” after the realisation of the offences, self harmed and said her body “felt dirty.”
SM: “She had been we submit vulnerable to the defendant’s predations because she had come from a difficult and disjointed life.”
He reads from the statement
“Since and during the court case not only was I extremely anxious but also full of shame having to bear my soul to 12 strangers including the public gallery unfortunately the case acted as a stressor which caused me to self harm again.”
“Gayle has plagued or poisoned my life for four years minimum...my youth, personality and vitality has been taken.”
“Severe psychological harm”
Mr Medland reminds the court that Newland is 27 and has been convicted of three counts of assault by penetration representative of something in the order of 15 “courses of conduct.”
Judge Stockdale interjects and reminds Mr Medland that there is some dispute over how many occasions sexual contact took place.
Mr Medland continues and suggests the acts themselves came at the end of a long period of “deceitful manipulation of the victim” by Newland.
Mr Medland refers to sexual offences sentencing guidelines from 2014. He says the offences should be classified as falling within what is described in the guidelines as Category 2A. He says under the features covered in the guildeines the offence caused severe psychological harm, the victim was particularly vulnerable because of her personal circumstances and there was significant planning.
He says the starting point for these offences of eight years in prison, but reminds the court that the sentence upon conviction from a retrial may not be greater than that imposed by a judge after the original trial.
However Newland also faces sentence for fraud, which may affect the total sentence.
Newland also guilty of fraud
Another reporting restriction, relating to fraud allegations against Newland, has now been lifted by Judge Stockdale.
We can now report that Newland has pleaded guilty earlier this year to fraud by false representation.
It relates to an online company, whose name cannot reported, and further details will emerge during this hearing.
Case to begin
Judge Stockdale enters court and we are ready to begin.
Mr Medland, for the prosecution, rises and says he will discuss sentencing guildelines.
Judge Stockdale reminds the press that no reporting must lead to the identification of the victim.
He also makes an order banning the reporting of the identity of the second woman who was seduced by Newland, using the Kye Fortune persona.
Courtroom assembles
The reporters have begun to take their seats in the press benches of Courtroom 5, while the lawyers are busy preparing for the hearing.
Newland’s mum, Julie, has just taken her seat in the public gallery. Newland has entered the dock. She appears calm at the moment and is chatting to the prison officer.
The sentence today cannot be higher than the sentence which followed the original trial, which was eight years, and the time Newland has already served will count towards the new sentence.
Of course she will serve half of whatever sentence is announced, before being released from prison to serve the remainder in the community under supervision from the Probation Service.
Police statement
Here is what the detectives, who undertook the extremely complex and difficult investigation into the victim’s story, had to say after the verdicts were announced: Detective Constable Gareth Yates, from Cheshire Police, said: “The investigation was highly unusual and complex, garnering a lot of interest due to the extraordinary circumstances, but it is important to remember that there is a victim at the heart of all of this. It is unfortunate the victim had to go through another trial, but today’s result again reinforces the gravity of this crime.
“This was a highly elaborate deception where Newland abused the trust that the victim had in her. She has been extremely upset by what happened and there is no doubt that there will be a lasting psychological impact on her. The victim bravely took to the stand again for a second time and I would like to thank her for her continued co-operation throughout the investigation.
“This case highlights that Cheshire Constabulary takes all allegations of sexual assault seriously. Our Dedicated Rape Unit is committed to tackling this type of crime and bringing those responsible to justice - it has specialist officers who are able to provide support to victims and witnesses throughout an investigation.
“I would encourage anyone who has been a victim or witness of a sexual offence to come forward and report it. Anyone with any information can contact Cheshire Police on 101 or Crimestoppers, anonymously, via 0800 555 111.”.
Good morning from court
I am Jonathan Humphries, Echo court reporter, and I’m back in Manchester Crown Court this morning for the sad case of Gayle Newland.
The 27-year-old has already been warned to expect a return to prison today after being convicted of three sexual assaults last month. As the guilty verdicts came in Newland could be heard saying “I can’t go back to prison” in between hysterical sobs.
Judge David Stockdale, QC, will pass sentence while Simon Medland, QC, prosecutes the case. Nigel Power, QC, who has represented Newland since her original trial back in 2015 and successfully argued for her conviction to be quashed, will mitigate on her behalf once more.
We’ll be following the sentencing as it happens in court, hopefully starting at around 10.30am
