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In Court: Cases heard at Central Devon Magistrates' Court

By Exeter Express and Echo  |  Posted: June 17, 2013

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Every week, the Echo will list the results of cases heard at Central Devon Magistrates’ Court. As these details are in the public domain, please do not contact us asking if we will leave cases out.

A 17-year old girl has appeared in court charged with being in possession of 6.51g of cocaine with intent to supply in Exeter on December 16 last year. She pleaded guilty and was referred to a youth offender panel on a 10-month contract. She must also pay a £15 victim surcharge and £765 cash which she had was considered to be forfeited. The drugs will be destroyed and there was no order for costs.

James Ollerhead, 22, of Halses Close, Exeter, was banned from driving for a year after driving in Bartholomew Street East on September 4 last year after consuming so much alcohol that the proportion of it in his breath was 54mcg in 100ml, exceeding the prescribed limit. He pleaded guilty and was fined £250 with a victim surcharge of £15 and costs of £200. The driving ban can be reduced by 12 weeks if he satisfactorily completes an approved driving course.

Timothy Wakely, 51, of Prince Charles Road, Exeter, pleaded guilty to being in Bampfylde Street on May 11 while carrying a bladed article, namely a folding Stanley knife, without good reason or lawful excuse. He was fined £100 with a £20 victim surcharge but was detained in the courthouse for a short period in lieu of the financial penalty. There was no order for costs due to his limited means and the knife will be destroyed.

David Farmer, 29, of Bryon Way, Brixington, drove in Exmouth on December 31 when he had no insurance. He was fined £150 with a £20 victim surcharge and £60 costs. His licence was also endorsed with six points.

Bridget Cannings, 46, of Lakelands Drive, Exwick, stole a wallet worth £30 from the Animal shop in Barnstaple on March 21. She pleaded guilty to this and accepted that the offence put her in breach of a conditional discharge she had received in February for four offences of theft. A community order was made which will see her have to undergo activities to address her alcoholism for 12 days. She will also have to pay a victim surcharge of £60 and costs of £40.

Tristan Cove, 19, of no fixed abode, admitted using threatening, abusive or insulting words or behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress on May 13. He was fined £50 with a victim surcharge of £20. There was no order for costs due to his limited means.

Lee Drew, 28, of Taunton Close, St Thomas, drove in Leighton Terrace on September 19 last year when the proportion of alcohol in his breath was 91mcg in 100ml, exceeding the prescribed limit. He pleaded guilty and a community order was made which will require him to have treatment for alcohol dependency under the direction or probation for 12 months. He will also have to attend supervisory appointments as and when directed. Drew was ordered to pay a victim surcharge of £60 and was banned from driving for three years which can be reduced by 36 weeks if he satisfactorily completed an approved driving course. There was no order for costs and he did not face a separate penalty for driving a vehicle without insurance, and driving otherwise than in accordance with a licence.

Jemma Rose, 32, of Chancel Lane, Exeter, changed her plea and accepted that she dishonestly made off from a Chinese restaurant without payment on October 7 last year, when she owed £18. She also pleaded guilty to damaging a cell door to the value of £30 belonging to Devon & Cornwall Police and assaulting a man by beating him on the same date. A community order was made which will see her have to undergo treatment for alcohol dependency under the direction of ENDAS for 12 months and there is also a supervision requirement. She will have to pay £50 in compensation to the assault victim and there was no order for costs due to her limited means. The victim surcharge was reduced to zero as compensation was seen to be the priority.

Kirsty Baker, 44, of Pellinore Road, Exeter, received a six-month conditional discharge for assaulting a man by beating him in the city on April 19. She will also have to pay a £15 victim surcharge and there was no order for costs due to her limited means.

Anthony Pearson, 51, of Castle Street, Tiverton, assaulted a woman by beating her on December 9 last year. He was found guilty and a community order was made which will see him have to carry out 250 hours of unpaid work within the next 12 months. A restraining order was also issued which will prevent him from engaging in any conduct which amounts to harassment or violence towards the victim, and he is banned from contacting three people directly or indirectly. He will have to pay compensation of £200 and costs of £500. The victim surcharge was reduced to zero as compensation was seen to be the priority.

Clive Jacobs, 52, of French Beer, Chagford, was fined £1,000 for speeding on the M5 near Cullompton on November 19 last year. The matter was proven in his absence. He will also have to pay a victim surcharge of £100 and costs of £85. He was also disqualified from driving for 42 days.

Vladimirs Goncarovs, 41, whose address was given as Wittenham Way, London, pleaded guilty to driving on the A30 on May 25 when the proportion of alcohol in his breath was 99mcg in 100ml, exceeding the legal limit. Magistrates committed him to prison for 12 weeks suspended for two years saying that only a custodial term could be justified as he was drunk while in charge of a bus carrying passengers and there was evidence provided of erratic driving. He will also have to pay a victim surcharge of £80 although he was detained in the courthouse for a short period in lieu of a financial penalty. There was no order for costs and the driver rehabilitation course was not offered as Goncarovs is returning to Latvia.

Joshua Cole, 22, of Windermere Close, Exwick, admitted failing without reasonable excuse to comply with the requirements of a community order by failing to attend unpaid work on two occasions this year as he had been directed and failed to keep in touch with his supervising officer by failing to provide evidence of a reasonable excuse for not doing so. The community order had been issued in respect of assaulting a man by beating him in January. The order was revoked and he was committed to prison for eight weeks suspended for six months. Magistrates said his offending was serious because he had demonstrated he was unable or unwilling to respond to non-custodial sentences. As part of the suspended sentence order he will have to take part in a low intensity alcohol programme for 14 days and it has a supervision requirement.

Stephen Shaylor, 42, of Manston Road, Exeter, stole a bank card belonging to a woman on May 16 and, between May 16 and 19, went on to steal £370 in cash from the same victim. He pleaded guilty to both offences and was committed to prison for 20 weeks suspended for 18 months. The offence was deemed to be serious because it involved a breach of trust and in light of the defendant’s lengthy record for dishonesty offences. He was also on bail from the crown court at the time of the offence. He will have to pay his victim £388 in compensation and there was no order for costs due to his limited means. There was no victim surcharge as compensation was seen to be the priority.

Rebecca Pike, 24, of Linhay Close, Culmstock, failed to promptly notify the Department of Work and Pensions in the prescribed manner between July and August 2012 of a change of circumstances she knew would affect her entitlement to income support, namely that she had a husband and was living with him. She pleaded guilty to this and to failing to promptly notify Mid Devon District Council of the same change in circumstances between July 2012 and January 2013 which affected her entitlement to housing and council tax benefit. She received a 24-month conditional discharge with no order for costs due to her limited means.

Joel Weatherill, 29, of Guinness Lane, Exeter, admitted a harassment charge after repeatedly going to a woman’s nearby home and continually offering her unwanted gifts despite being asked not to do so. He was warned that he could end up in jail if he doesn’t leave her alone and was told: “Your attentions are not wanted.” Prosecutor Sonia Croft said Weatherill went to school with the woman 25 years ago – when they were just four years of age – but they were not friends. She said Weatherill began harassing her when she moved back to her mum’s house in 2011 – they both now live in the same road in Exeter. Miss Croft said he started knocking on her front door and turning up on her doorstep even when she asked him to leave her alone. Police eventually gave him a harassment notice and told him in “no uncertain terms” to leave her alone. But within a month he left a toy on her doorstep and admitted breaching the harassment warning. And then last month he knocked on her door again and was charged with harassment without violence. Exeter magistrates told him the 28-year-old woman has been left “distressed by what has happened”. Magistrates said: “We want to offer her some protection where she feels more at ease.” They sentenced him to a 12-month community order and made a two-year restraining order banning him from making contact with her or going to her house. As part of the community order he will have to take part in the Thinking Skills programme and undergo supervision. Weatherill asked the court if his victim would also be issued with a restraining order as “she will try to contact me” but magistrates replied that they felt this was “unlikely to be the case”.

Kruze Howard, 23, of Okehampton Street, Exeter, who already has 75 previous convictions, pleaded guilty to four charges at Exeter magistrates court, stealing a bottle of Southern Comfort, criminal damage, using threatening, abusive or insulting words and behaviour within the hearing or sight of persons likely to be caused harassment alarm or distress, and assaulting a police officer. Prosecutor Sonia Croft told the Exeter court: “Three of the offences occurred at the Half Moon in Whipton on May 20. Howard had been served alcohol and staff decided he had reached a point where he could not be served more. Other customers tried to help bar staff and there was a scuffle with patrons. Pub locals restrained Howard and removed him from the premises.” While outside, Howard damaged a pub blackboard worth £100 by throwing it and his actions were caught on CCTV. When police arrived at the scene, Howard was deemed too intoxicated to be taken into custody immediately, so instead was transferred to hospital in the early hours. Police received a call soon after to say that Howard had become abusive towards hospital staff and that they had discharged him. It was when police arrived at the scene, that an altercation took place between Howard and an officer. Howard proceeded to bite him on the left hand “leaving a mark”. Howard was described by the defence, Robert Jacobs, as “very well known” to the staff at the Half Moon. He added “He used to live there and, during that time, he was allowed behind the bar. Clearly, that is not now the case and his behaviour on the night was unpleasant.” Mr Jacobs said that the defendant was “very embarrassed” and “ashamed” of his behaviour. Howard had been spending time with his children earlier that day and Jacobs said that he was “trying to be a good father.” He added: “Howard had been abstaining from alcohol previously and, on this evening, did not know how the drink was going to affect him.” Howard was released on conditional bail and must reside at his home in Okehampton Street. He also received a ban from all licensed venues in Exeter for a defined period. The case was adjourned until June 20 for a pre-sentence report.

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