Prison for man arrested while on probation

Sunday 07 August 2022

A man has been handed four prison sentences after pleading guilty to offences while he was on probation.

James Rogers, 26, was arrested on 15 May for behaving in a disorderly manner and resisting arrest. Rogers’ advocate said that Rogers expected to be sent to prison when he appeared in the Magistrate’s Court on Thursday [4 August].

Advocate Paul Lockwood, acting on behalf of Rogers, acknowledged that the charges from 15 May were similar to previous offences, for which Rogers had been handed a community service order and 18-month probation order.

Pictured: Rogers was given an immediate prison sentence totalling 18 weeks. 

Addressing Judge Graeme McKerrell, Advocate Lockwood said: “It will not have escaped your notice that this was very similar to events in October and one may conclude that no lessons had been learned. 

“However, it is worth noting that between October and the incident in May, Mr Rogers had not consumed alcohol. On 15 May, his birthday, he slipped back and let his guard down. He shouldn’t have needed a further lesson, but here we are.”

Police body-worn CCTV footage was played to the court on Thursday. The prosecution explained that Rogers’ behaviour had drawn the attention of police. CCTV footage showed Rogers punching a phone box near the Weighbridge taxi rank and then resisting arrest by the Herm Travel Trident kiosk. 

Advocate Lockwood said that his client suffered from clinical anxiety and was taking prescribed medication which adversely interacted with alcohol. 

Pictured: Advocate Lockwood said that Rogers was not someone who could have "a few beers" without incident. 

Judge McKerrell said: “You chose to drink knowing it would conflict with your medication and put you at risk of re offending.

“I have listened to the recording of the previous October sentencing, where I left you in no doubt as to what would happen if you re offended. I gave you a chance but said that, if you were pulling my chain then there would be no credit given for any hours completed of the community service order.”

Judge McKerrell said he was “reluctant” to impose another community service order because Rogers’ previous order remained “fully outstanding”. 

Advocate Lockwood explained that Rogers “had not done anything wrong” in being unable to complete any of his ordered community service hours as he was “covered by medical certificates”. 

Pictured: Rogers appeared in the Magistrate's Court for sentencing on Thursday [4 August].

Judge McKerrell revoked the community service order and instead imposed four weeks in prison for the previous disorderly charge and eight weeks for the previous resisting arrest charge to run concurrently, totaling eight weeks. 

Further prison sentences of two weeks and eight weeks in respect of the May charges were also handed down to run consecutively. 

Judge McKerrell ordered that the eight-week and ten-week sentences were to run consecutively, resulting in an immediate custodial sentence totaling 18 weeks. Rogers’ probation order was also extended by a further 6 months, totaling two years from October 2021.