Judge slams CPS as thug locked up
AVIOLENT thug who burgled a Southport hairdressers and headbutted a woman in the face was allowed to continue wreaking havoc on the community by continually being released on bail.
Kyle Montague, 20 – who has recently become a dad – was responsible for a sickening catalogue of crimes across Merseyside.
He has now finally been locked up by a judge who was fiercely critical of magistrates and Crown Prosecution lawyers for letting him back on the streets after his previous offences, and charging him with minor offences, despite carrying out some very serious crimes.
Liverpool Crown Court heard how Montague headbutted a woman, leaving her scarred, yet was only charged with common assault.
Drunken Montague, of Moss Street, Garston, called his victim “a f***ing slag” and attacked her because she refused to give him a kiss.
When Judge Clement Goldstone, QC, heard the thug had repeatedly been bailed despite a string of offences, he then questioned whether it was April Fool’s Day.
Liverpool Crown Court heard Montague attempted to burgle Studio 65 hairdressers, in Churchill Avenue, Southport, in the early hours of March 11, 2015.
When a neighbour rang police, he and an accomplice fled on a motorbike, but crashed into the side of a taxi in Lord Street.
Montague suffered a brain injury, meaning he could not be interviewed by police until June 9 that year.
He claimed he couldn’t remember the incident and was released, but two weeks later handled a £3,000 scrambler bike, stolen in another burglary.
A picture of it, propped up outside his house, led police to his door in October, 2015, but he wasn’t at home and was only arrested on February 11, 2016.
Zia Chaudhry, prosecuting, said Montague was again bailed by magistrates and came across Ashley Cochran, who was waiting for a taxi in Widnes, on March 5.
When he said “give me a kiss” and she declined, he headbutted her in the face, causing her nose to bleed.
Judge Goldstone demanded to know why this was not charged as assault causing actual bodily harm, which carries a maximum penalty of five years in jail, rather than six months.
He said: “When will the CPS and the police wake up to the reality of the situation and what the public expect?”
Judge Goldstone described it as “gross undercharging”, adding it was “purely to facilitate the improvement of statistics”.
Montague ran off and when a policeman caught him trying to climb a wall, he kicked the officer in the chest.
The officer sprayed him with CS Gas but it took two colleagues to restrain Montague, who was carrying a knuckle duster.
Judge Goldstone said it was “unbelievable” he was charged with assaulting a police officer, rather than the more serious assault with intent to avoid arrest.
Mr Chaudhry said Ms Cochran was taken to hospital, where a cut on the bridge of her nose was glued, leaving a small scar and lump.
Judge Goldstone branded the CPS decisions “wholly inadequate” and demanded a written explanation within 28 days.
Montague was then bailed again, before he attempted to burgle a garage in Warrington, handled stolen goods and assaulted another officer on July 1.
The judge said: “If this wasn’t the 24th of March, I would think it was the 1st of April.
“I can’t believe what I am hearing. Bailed again!”
Montague was caught outside the garage, where he swung a screwdriver at a policeman, cutting his right arm.
He was carrying the key to a stolen £10,000 Volkswagen Scirocco parked nearby, which was taken in a burglary in Prescot.
The day after his arrest, he was bailed again but failed to attend court and was locked up. “Eventually, the penny dropped,” said Judge Goldstone.
Montague, who has previous convictions for carrying knives, admitted all of the offences.
Louise McCloskey defending, said “immaturity”, the brain injury and taking alcohol and cannabis all influenced Montague’s offending.
She said her client, who has become a dad while in custody, had shown genuine remorse.
Judge Goldstone said Montague was responsible for a “criminal campaign” and gave him three years in a young offenders institution.