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View Full Version : Cases from today's sheriff court session



Nwicker60
25-Nov-11, 16:31
Sympathetic sheriff allows double breach accused his freedom to look after his partner with medical condition

A MAN, who breached the same bail order twice, escaped a prison sentence after a sympathetic sheriff was given proof that the accused's partner, diagnosed with chronic bronchitis, needed him to look after her.
Sheriff Andrew Berry had warned Michael Kerry (46) yesterday, that he regarded the double breach as “very serious” but was prepared to postpone sentencing, pending official confirmation of the medical condition, as it could have “a significant effect” on the penalty.
Kerry of Kennedy Terrace, Wick, breached the first bail order, imposed earlier this year, after he admitted behaving in an abusive or threatening manner towards his partner Angela Longstaff, at her home in Bon Accord Street, Wick, on August 17. Sentence had been deferred to allow the accused to demonstrate he could behave, but he breached a condition banning him from approaching or contacting or approaching Ms Longstaff and he was jailed for four months.
After his release, he returned to Ms Lonstaff’s home and was found there by police making a check, which led to the second bail breach.
Yesterday, solicitor Neil Wilson, following a recess, said that he had contacted Ms Longstaff and had confirmed her medical condition. She had asked Kerry to return to her, on his release, to help undertake domestic duties and care for her.
Sheriff Berry, however, said that he would require tangible proof of the diagnosis before passing sentence commenting: “I regard the second breach of the same bail condition as a very serious act. A four-month prison sentence appears to have made no difference to your attitude towards court orders.”
Today Mr Wilson tabled a letter from Ms Longstaff’s doctor and said: “I would not have expected a full medical report at such notice and I hope it is sufficient to verify what the accused and his partner have told me. She wants him back and i would hope the court to give a disposal that would allow that to happen.”
Sheriff Berry who took account of the fact that Kerry had spent nine days in custody following his second breach of bail, told him: “Among other things, you should be grateful to Mr Wilson...he made the effort to obtain the information from the GP. It indicates the accurate position in relation to your partner’s health. However, you have put yourself in this position by your own inappropriate actions. You should have contacted Mr Wilson to find some way of explaining why you had returned to your partner’s address. However, you have spent some time in custody and I am going to admonish you on the breach of bail offence.”
The sheriff lifted the condition which now allows Kerry to return to his partner and further deferred sentence on the threatening or abusive behaviour charge, until April 27, next year.


Community work for man caught with drugs

AN Ackergill man who was found to have cannabis resin worth over £1000, in the boot of his car when stopped by the police, was ordered to undertake 100 hours unpaid community work.
Norman Thomson (47) admitted possession of the Class B drug, on the A9 at Latheron, on February 2
Police acting on a tip-off, recovered two slabs of the resin, each weighing about half a kilo. The court was told, previously, that Thomson, of Shorelands Farm Bungalow, Ackergill, had purchased the drugs for his own use and had bought in bulk in order to get a better price and reduce his contact with dealers.
Sheriff Berry said that in the case of anyone found in possession of such a substantial quantity of drugs it would be highly unlikely that the suspicion would be it was for the person’s own personal use.
The sheriff, who saw a background report, said he was satisfied that Thomson had taken steps to address certain issues in his life.


Caused disturbance in social work office

A MAN, who caused a disturbance in a social work office, heard the sheriff issue a warning that people who assist the public in offices must be treated with courtesy.
The accused, George Sweetin (48) admitted behaving in threatening or abusive manner by shouting at staff in the office in Thurso on November 4.
It was stated that he had attended an arranged meeting there to discuss family business.
Senior fiscal depute, David Barclay told the court that Sweetin, of Churchill Road, Castletown, took issue with proposals social workers made to him and showed his displeasure by shouting and swearing at them. The disturbance ended with the accused “storming out of the room”.
Mr Barclay said that the staff commented that accepted it was the kind of meeting in which emotions could run high but Sweetin had “overstepped the mark”.
Solicitor Sylvia MacLennan said that the accused felt he had done everything asked of him and added that his behaviour had been “totally out of order" and he wished to apologise for it.
Sheriff Berry told him: “Social workers have got to hear some very emotional matters and there is a great responsibility on them and they are entitled not to be abused by anyone, in any way, and at any time.”
Sweetin was instructed to carry out 66 hours unpaid work in the community under a level one payback order.

Drinks driver’s sentence

A WICK woman stormed out of her house after an argument with her then boyfriend and drove off in her car to get time to calm herself down.
However, Julie Webster (37) was stopped by the police and tests led to her being charged with driving with excess alcohol.
Webster, of Harrow Terrace, Wick, admitted the offence which occurred in the town on November 16. She was found to have a breath-alcohol reading of 53 micrograms. The limit is 35mgs.
Webster was fined £200 and banned from driving for a year.