Restraining order was breached when Chilton man went beyond back door

David Hughes appeared at Durham Crown Court on a committal for sentence having admitted the breach of the order on the day of a scheduled trial before magistrates, last month.

Martin Towers, prosecuting, said the order was imposed on March 6 this year, and the offence, the breach, was committed little more than a month later, on April 8.

Mr Towers said the witness provided a statement saying she had been in a relationship with the defendant from May 2021 to October last year, with some of his recent convictions, including battery and criminal damage. relating to her.

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She said that on April 8 this year he breached the terms of the restraining order by going beyond his back door, “on multiple occasions” being seen in his back garden, between midday and about 4pm.

The witness stated that he could only have got there by using the rear door.

Mr Towers said: “He was seen looking over into her kitchen and, at one point, he ran off and hid.”

A photograph reflecting his presence in the garden was said to have been produced at the magistrates’ court, resulting in his change of plea.

The victim was said to have been “anxious and scared” in case she saw the defendant out of her kitchen window.

Mr Towers said: “She still fears he’s a threat as he has not complied with the restraining order imposed.”

The court heard the 32-year-old defendant, of Coronation Road, Chilton, has 13 previous convictions, including three offences of making indecent images of children, for which he was made subject of an eight-month prison sentence, suspended for two years, at the court in early January.

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He was also made subject of a further suspended sentence in February for three counts of battery on his now ex-partner.

Mr Towers said on top of those two suspended sentence orders, the defendant now has the breach matter, from April.

Dr Chris Wood, in mitigation, said there have been no further breaches of the restraining order since April.

He said on the day of the breach the defendant was standing next to his back door having a smoke, but was, “struggling to recover his dog, which ran out, and, on seeing the victim, he knew he had lost his judgement at that point.”

Dr Wood said the restraining order has, effectively, left the defendant with a back garden he is unable to utilise.

But he added that the defendant believes a drug rehabilitation order imposed as part of one of his recent sentences is, “having a significant impact on his life, putting him in the right direction and having a rehabilitative effect on him.”

He urged Judge James Adkin to give him a further chance, “to put him to the test, at risk of an immediate custodial sentence.”

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Judge Adkin said by breaching the order so soon after it was put in place, the defendant has, “put himself at risk of an immediate custodial sentence.”

But he added: “I’m persuaded that to send you to prison now for breaching the terms of the order would set back the progress you have been making on the drr (drug rehabilitation order).”

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He told Hughes if he stays out of trouble for the next five months and complies with the order he may avoid going to prison.

But Judge Adkin added: “If you commit fresh offences there will be no third chances.”

He said he would consider the case, again, on February 16, next year.