Man who breached restraining order for 10th time jailed

ARUNCORN yob who broke a restraining order forbidding him from contacting his father for the 10th time has been jailed for two years after repeated breaches.

Nicholas Michael Berry, 30, of The Glen, turned up at his dad Michael’s house on Cotton Lane on May 31 when he needed cash for food because he was not receiving the right amount of benefits and had spent some of what he did receive on drugs.

Robert Edwards, prosecuting, said Berry arrived at about 4.20pm and stood in the front garden, telling his brother Jack who lived there that he was waiting for his mother.

Berry told his brother he wanted to go inside to grab some things but Jack Berry told him to leave and that he would call the police.

The defendant became ‘more and more angry’ and was shouting and screaming that ‘it’s not your house’ claiming there was no restraining order in place.

He then picked up a large green bin and causing his brother to fear for his safety and to strike out causing Nicholas Berry to fall to the ground.

Nicholas Berry became ‘enraged’ and started slamming the garden gate so hard that it came off its hinges.

He then left the scene hurling abuse at his brother and throwing a rock in his direction.

The court heard the defendant had multiple past convictions including for shoplifting, battery, possession of an air weapon in a public place, failure to comply with notification requirements, damaging property, offences of harassment, restraining order breaches, possession of Class B drugs

Earlier this received a year he 24-month prison sentence suspended for two years for breaching a restraining order – the 10th time since May 19, 2015 – that prohibits him from contacting his father who has cancer and heart and lung problems.

Mr Edwards said on one of those occasions, on August 9 last year, Nicholas Berry arrived at his father’s home and said he had come for a drink but was asked to leave.

Although his father said his mother would bring a drink out, the defendant walked past then came back with a cup of juice and threw it in his dad’s face.

Michael Berry called 999 but his son tried to take the phone off him.

Oliver King, defending, said his client was ‘realistic’ about facing custody but appealed for mercy because Nicholas Berry has ‘ mild learning difficulties’, which have made him ‘ over reliant on his mum’.

He said the defendant had been short of cash at the time because he was not receiving the correct amount of benefits.

Mr King added that the emotional impact on Jack Berry had consisted of ‘annoyance’ only.

His Honour Judge Roger Dutton, presiding, sentenced Nicholas Berry to two years in prison.

Sending him down he said: “You must understand that when the court makes an order to prevent a disruption of the peace it expects the order to be complied with.

“You completely ignored it and a disruption of the pease is exactly what happened.

“You have got to get your life sorted, you can’t depend on your elderly parents to do it for you.

“You have got to sort out your own life.

“If you don’t you are going rapidly downhill and what your life will have in store is easy to predict: prison sentence after prison sentence until at 40 or thereabouts you will realise it’s been a complete waste of time.” ● Stock picture of police attending Cotton Lane