HERE are some of the Worcester criminals who dodged jail this Christmas, including a man caught with vile images of child rape, two men armed with knives and a greedy woman who fleeced her own family.
Following on from us putting the spotlight on those jailed over Christmas and New Year, today we share cases where criminals avoided a jail sentence over the festive period. Harsher conditions in jail due to the Covid-19 pandemic can and, according to the Court of Appeal, should be taken into account when sentencing defendants. The case of Manning is often quoted by defence advocates. Here they reflect on the observations made by the Lord Chief Justice on the emergency within the prison system as a consequence of coronavirus.
Inmates may spend up to 23 hours a day in their cells and there have been restrictions on visiting, a regime which weights heavier on prisoners than before the pandemic arrived.
Nonetheless, some of the decisions by Worcester judges sparked outrage, none more so than the decision to spare Ian Richards jail after he plunged into the 'dark world' of child sex abuse after the death of his mother, viewing sick images of a 10-year-old being raped.
Richards walked free from Worcester Crown Court after pleading guilty to downloading hundreds of vile images onto a computer and two discs.
The 55-year-old of Silverdale Avenue, near London Road, Worcester, had already admitted three counts of making indecent images of children and one of possession of a prohibited image of a child when he appeared before Judge Jim Tindal for sentence.
Some of the images found were at category A - the worst kind within the sentencing guidelines - which show children being abused by adults.
Officers conducted a search on March 7, 2018.
His devices were subject to a forensic examination and officers found 45 accessible category A images, 63 inaccessible category B images and 300 category C images, some of which were still accessible and others of which were inaccessible.
The indecent images had been downloaded between February 1, 2016 and October 9, 2017. Officers also seized two discs which contained further category C images of children made between October 23, 2006 and March 13, 2007.
Also sparking anger from readers was the case of Mark Graham who laughed and chatted on his mobile phone as he strolled out of Worcester Crown Court after being given a suspended prison sentence this month despite threatening staff in a city amusement arcade with a kitchen knife.
The shiny-suited 35-year-old already had a conviction for possession of an offensive weapon and should have been jailed for a minimum of six months according to the sentencing guidelines.
However, Judge James Burbidge QC, the city's most senior judge, who even acknowledged himself that Graham should be sent straight to jail, imposed a suspended sentence following the incident at Shipley Amusement Centre in Angel Place, Worcester on August 15 this year. It was argued that it would not be in the interests of justice to send Graham immediately to jail.
The defendant of Halifax Drive, Lower Wick, Worcester admitted possession of a bladed article (a kitchen knife) and two counts of threatening behaviour against a male and female member of the amusement centre staff.
We previously reported how another city judge, Nicolas Cartwright, last month granted Kamil Panasewicz bail following two separate knife-related offences and despite concerns raised over the danger he poses to the public. He punched a vicar's wife in Bromsgrove during a burglary which forced her to flee her home before he stole two knives on June 6 last year.
While under investigation for that matter he was caught with another knife in Malvern on July 9 this year, claiming he was going to use it to cut sandwiches while hiking on the Malvern Hills.
Teenage arsonist Oliver Price sent a 'revenge porn' sex video of a woman to her friends and brother to make her life 'a living hell' before he hit a man with a metal bar in a drunken rage.
The apprentice chef also attacked a man with a metal pole at the YMCA in Stanley Road in Worcester before he struggled with city police, threatening to headbutt a police officer while shouting and swearing.
Yet Judge James Burbidge QC, the Recorder of Worcester, spared the 18-year-old jail at Worcester Crown Court on Wednesday because of his mental health issues, describing him as 'fragile', immature and 'a child'. "He's emotionally stunted. He's immature. He's excessively jealous" said the judge.
Price was sentenced to 12 months in prison suspended for 18 months and also made subject to a community order. As part of this he must complete 30 rehabilitation activity requirement days, a victim impact workbook, 14 sessions of the choices and chances resource pack and go to an attendance centre for 36 hours.
Meanwhile, selfish Zoe Hayes was disowned by the family she ‘tore apart’ after she carried out credit card frauds against her own mum and daughter.
Debt-ridden and shunned, she sobbed in the dock as she was given a suspended jail sentence at Worcester Crown Court in October.
The 47-year-old of Diglis Dock Road, Diglis, Worcester, took out two credit cards in her daughter’s name and went on shopping sprees, maxing them out after doing exactly the same thing to her own mother 10 years ago.
The defendant’s daughter, Sophie Hemmingway, said she would ‘never forgive’ her mother for what she had done and does not want her in her life, believing she will do the same thing again given the chance.
Hayes is listed on a Facebook page for Worcester Community Trust as a member of the JOY Project and had recently volunteered at Latimer Court Care Home in Worcester ‘to help cheer up the residents in lockdown.’
We approached Worcester Community Trust to see whether she is still involved with the organisation. A spokesman said: “We are aware of the case, however we are not able to comment on individuals due to confidentiality.”
Details of the previous conviction against her mother in 2009 were not detailed in open court.
However, the defendant’s daughter, who is in touch with her grandmother, said they involved a sum of £10,000 which her nan had to pay off herself.
A brave cyclist risked life and limb to stop a dangerous drink driver but the drunken menace dragged him along the road and crashed into a post in Worcester.
Martin Davis admitted dangerous driving and drink driving following the incident in City Walls Road in Worcester but was spared jail at Worcester Crown Court on Thursday.
Miraculously, cyclist Fabio Veracruz suffered only minor injuries after the open car door shut on him when Davis, more than three times the drink drive limit, crashed into a post, showering the Good Samaritan in broken glass.
The terrifying incident happened at 2am on September 5 this year when the furloughed chef, who still has the full support of his employer, got behind the wheel after a night out with friends in the city. Mr Veracruz was commended by Judge Nicolas Cartwright for his courage.
Awarding him compensation, the judge said: “Mr Veracruz, thankfully, was not more seriously injured having done the public spirited thing and put himself at considerable risk to apprehend a dangerous driver.”
The 41-year-old defendant of Ambleside Drive, Warndon, Worcester was spared an immediate jail sentence. He was so drunk he has no memory of the crash. Before it happened Mr Veracruz had knocked on the window, repeatedly shouted 'stop!' and, as a last resort, opened the car door and tried to put the handbrake on.
The judge, who has to consider the harsher regime in prison due to Covid-19, sentenced Davis to eight months in prison suspended for two years. The defendant was banned from driving for 28 months and must complete an extended driving test before he is able to get his licence back.
Davis must also complete 180 hours of unpaid work and pay £500 compensation to Mr Veracruz, £340 costs and a victim surcharge of £900.
Drug dealer Robin Bayer who was left covered in blood after he had been 'stabbed' in Worcester has had his jail sentence delayed until after Christmas because he is ‘vulnerable’.
Bayer, who was found covered in blood in the city centre, will need to have a psychiatric report before he is sentenced after he was caught supplying cocaine.
The 31-year-old had already admitted being concerned in the supply of the class A drug between August 31 and October 21 last year when he appeared at Worcester Crown Court earlier this month.
Bayer of Dace Road, Worcester had also admitted possession of cocaine hydrochloride, another class A drug, at a previous appearance on November 5 this year.
A pre-sentence report had been ordered on the last occasion but had not been prepared by the time Judge Nicholas Cole was due to sentence him to what is likely to be a spell in prison.
The judge adjourned the case until February 16 next year for a psychiatric and probation pre-sentence report to be prepared.
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