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John Waller argues against activation of Suspended Sentence for second time in 4 months

By December 19, 2016No Comments

John Waller secured the liberty of ‘H’ for the second time in 4 months.  ‘H’ was subject to a Sexual Harm Prevention Order (SHPO) which prohibited him from entering certain public toilets.  John successfully defended ‘H’ in June for breaching this order and for a new offence of Voyeurism, these offences also made him in breach of two separate Suspended Sentence Order’s (SSO).  On this occasion John successfully argued that it would be unjust to activate the SSO and that he should be made subject of a further SSO which addressed his offending needs.  The Judge made it clear that any further offending would result in the activation of the SSO.

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Four months later ‘H’ had breached the conditions of his SHPO by being found in the toilets again.   ‘H’ was now in breach of three SSO’s.  John was able to persuade the same Judge to adjourn for a pre-sentence report which allowed for the defendant to prove that he needed further intervention.  As a consequence John was able to argue for an alternative to immediate custody and the Judge agreed that it would be unjust to activate the SSO’s.  ‘H’ was sentenced to a further SSO.

John was instructed by Ullah Law Solicitors