A relieved homeless offender who breached a suspended prison sentence has been spared from being put behind bars after he had failed to attend with the probation service.
Chesterfield magistrates’ court heard on December 5 how Reece Marr, 23, of no fixed abode, was originally given 18 weeks of custody suspended for 24 months in July, last year, after he had assaulted his former partner.
But Marr, of Chesterfield, admitted failing to comply with the order on or after June 19, this year, after he failed to attend a probation service appointment.
Defence solicitor Ben Strelley argued it would be unjust to sentence Marr to custody after he had previously been making progress with the probation service.
He added that homeless people do struggle to comply with orders because a lack of accommodation and a correspondence address and due to instability in their lives.
Mr Strelley said the suspended prison sentence had originally been imposed as a result of an assault on Marr’s ex-partner.
Marr took a backwards step in his progress with the probation service, according to Mr Strelley, when he was struggling to get access to his child.
Mr Strelley also added that Marr had breached the order by failing to attend with the probation service as opposed to committing any new offences.
Magistrates agreed it would be unjust to jail Marr after the defendant has been largely complying with his suspended sentence order.
They opted to fine Marr £40 but warned if he commits a further breach of the suspended sentence order he will face custody.