A MAN from Rhyl has been spared jail despite breaching his suspended sentence by escaping from lawful custody.
Jack Hubbersty, 25, of Maes Y Parc, had additional requirements added to his sentence at Mold Crown Court today (August 7).
He had previously pleaded guilty to a charge of escaping from lawful custody.
Prosecuting, Catherine Elvin told the court that, on June 12, police attended Hubbersty’s address following allegations of assault made against him.
Officers found him sat on his bed, and was “initially calm” as he gave his version of events when questioned.
It was following Hubbersty’s arrest, on suspicion of non-fatal strangulation, that he began to interrupt one of the officers, before being told to “listen” and twice being cautioned.
He then got up from his bed, opened his curtains, and climbed out of an open window in his bedroom.
A chase ensued, which lasted roughly one minute before officers stopped Hubbersty within the complex of Bruton Park, where children were playing at the time.
Hubbersty, who was also told by a member of the public to “calm down”, later admitted when interviewed by police that his “head was gone” at the time.
His actions placed him in breach of a suspended sentence issued to him on April 13 for affray.
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On that day, he was sentenced to 18 months’ imprisonment, suspended for two years, and handed 20 days’ rehabilitation activity requirements, 150 hours’ unpaid work, and an alcohol abstinence period.
Defending Hubbersty, who had eight previous convictions for 18 offences, Anna Pope said that he had made good progress completing the requirements attached to his suspended sentence.
He has regained contact with his family, who live in the Warrington area, and was said to have successfully completed his alcohol abstinence period.
Sentencing, Recorder Simon Mills commended the officers involved in Hubbersty’s arrest for acting with “great professionalism”.
Though he refrained from activating the suspended sentence, he handed Hubbersty an additional 10 hours’ unpaid work and two days’ rehabilitation activity requirements.
Recorder Mills told Hubbersty: “It’s clear to me, from watching body-worn footage from these events, that you were in a mentally agitated state.
“But the reality is that you should’ve complied with the officers’ clear, simple and properly expressed instructions.
“Effectively, you’re back to square one, having been (remanded) in custody for a period of time.
“You’re still on your suspended sentence. Make sure you comply with it, go back to doing the work you were doing, listen to what you’re told.
“And in future, if police have cause to speak to you, you must comply with their instructions.
If you try and escape from police officers again, the sentence you receive on the next occasion will be severe.”
Hubbersty will also pay a statutory surcharge.
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