A MAN from Rhyl who breached his two suspended custodial sentences by failing to give police a sample for a drugs test has been spared jail.
Nigel Gray, 55, of Edward Henry Street, was handed six months’ rehabilitation activity requirements at Caernarfon Crown Court today (March 6).
He had previously been handed suspended sentences in 2022 and 2023 for previous offences; the latter being for an attack on his daughter before resisting his arrest in Abergele.
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The court heard how, on December 24, 2023, Gray was asked to provide a “non-intimate sample” at Trafalgar House Police Station, Bradford to ascertain if he was under the influence of a class A drug.
But Gray, having been detained at the police station, failed to do so, putting him in breach of both of his suspended sentences.
Sarah Yates, representing Gray, said that he suffers with mental health issues, and has also referred himself to the substance misuse service.
She said Gray has endured “a rather rocky road”, having lost both his mother and stepson in 2022.
“It’s the drugs, in particular, which he needs assistance with,” she added.
Gray was also said to owe more than £2,000 in court costs.
Sentencing, Judge Nicola Saffman refrained from activating either suspended sentence, saying it would be “unjust” to do so in the context of his “serious mental health problems” and the nature of this offence.
She also did not order Gray to pay further costs, saying it would be “nonsensical” to do so given his current debts.
Judge Saffman told him: “My belief is that you were under a mistaken apprehension that you didn’t need to provide such a sample, because of your mental state at the time.
“It’s not a defence, but that’s why I’ve not activated the suspended sentences.”
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