Jailed for ‘kicking off’ at his mother’s

A MAN has been jailed after he breached a court order within days of being given his second suspended sentence.

Leeds Crown Court heard Gary Martin Whitaker received a 15 months prison sentence which was suspended for two years on October 6 last year for assaults on his mother and brother at their home in Dewsbury.

A restraining order was also imposed at the same hearing preventing him attending their address in Lyndale Mews.

On April 24 this year Whitaker again appeared at the crown court and was given an 18 month prison sentence suspended for two years for affray, theft, possession of a knife and attempted burglary.

But only 10 days later on May 4 police were called to his mother’s home after complaints in four phone calls that he was at the property and allegedly “kicking off.”

When officers attended they found Whitaker at the address breaching the restraining order although his mother accepted she had allowed him to be there because she felt he had nowhere else to go.

Jessica Randell, prosecuting, said three of the calls came from the partner of Whitaker’s brother Aaron and the other was from Aaron himself who complained his brother was trying to get money from his mother.

Whitaker told officers he thought the restraining order was no longer in force because his mother had invited him to the address.

Aubrey Sampson, representing Whitaker, said he genuinely believed the order was not in force because his mother had invited him round when he was released from prison in April having spent time on remand before that sentence hearing.

He said for 10 years Whitaker had not been in trouble at all but when his long term relationship broke down he had turned to drugs and that was behind his behaviour.

He was motivated to address that problem and would abide by the restraining order now he realised it was still in force.

Whitaker, 37, of Eightlands Road, Eightlands, Dewsbury, admitted breaching the order and was sentenced to three months in prison in addition to 12 months to run consecutive imposed from the previously suspended sentences.

Judge Simon Phillips QC said he had not imposed the full suspended sentence because of his time spent previously on remand but he had been given “an exceptional chance” when he got his second suspended sentence in April only to breach it.

“Court orders are there observed,” the judge told him.