Jail for man who breached order

1:10pm Tuesday 7th October 2008

A 21-YEAR-OLD man who repeatedly breached his community order has been jailed for three months Jake Caldwell appeared in Warrington Crown Court on Friday for failing to attend his unpaid work order on April 22 and May 13.

Simon Mills, prosecuting, said the defendant, of Norris Street, Orford, was sentenced to 100 hours of unpaid work in May last year after being part of a group involved in a fight with another group of men at Jams nightclub in the town centre in September 2005.

He said: “One man was assaulted in the other group and ended up with a fractured cheek bone but it can’t be blamed on him.”

The court heard how Caldwell had pleaded not guilty to the charge of breaching the order and failed to attend the trial date, where he was found guilty in his absence. He didn’t attend his sentence hearing and a warrant was issued for his arrest.

Mr Mills said that the defendant was claiming he was being intimidated over his unpaid work.

He said: “The defendant has done 50.5 hours – half of what is expected. It works out at 0.43 hours per week. He is expected to do seven hours of work a week.”

Simon Berkson, defending Caldwell, said: “He has kept himself out of serious crime for years. He has failed to do an order but kept himself away from crime.”

Mr Berkson asked the judge to consider the curfew that his client has been subjected to. He kept to the conditions of staying at his Norris Street home from 7pm until 7am.

Judge Thomas Teague said: “I take the view that this is too serious to be dealt with. This is a very bad case of repeated breach. It is true you have kept out of trouble but I am going to sentence you to three months’ imprisonment and you will serve half.”