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Criminology student avoids jail after breaching banning order for third time
4:00am Tuesday 17th September 2013 in News
A SOUTHAMPTON man studying criminology has been spared an immediate prison sentence after breaching an order banning him from contacting his former girlfriend for the third time.
Despite the 12-month restraining order, David Miller went to the home of Loretta Judd who saw him standing beside her kitchen and front windows holding what appeared to be a hard object in a carrier bag which he threw.
She was scared, ran downstairs and called the police who arrested him, the city crown court heard.
However, Judge Guy Boney QC heard from defence barrister Charles Gabb that the situation was not one-sided.
While she was holidaying in Turkey, she sent pictures and e-mails asking him to look after her home and cats, and put the bins out. She had given him permission to be there.”
When she returned to Britain, she told him of an incident that happened in Turkey and he advised her to go the police.
She had even poured “paraffin on to the fire” by visiting him while he was living in a tent on the Common, and she also gone to see his father.
“To use the old phrase, it takes two to tango,” said Mr Gabb. “If she keeps on contacting him, it is grossly unfair.
“When she wants a shoulder to cry on, she goes back to him. He wasn’t exactly twisting her arm while she was in Turkey.”
At one point, Mr Gabb suggested a restraining order ought to be placed on her but accepted the court had no power to do that. “To say she has been blowing hot and cold is an under-statement.”
In a police statement, Ms Judd said she didn’t want any further contact with Miller and wanted to move on for herself and her children.
But prosecutor Audrey Archer conceded that in the light of the e-mails, she had been contacting and encouraging him.
The judge suggested that perhaps a police officer should sit down with Ms Judd saying it had to stop. “I want to ensure courts will not be troubled further.”
Miller, who is 37 tomorrow, admitted breaching a non-molestation order and threatening to destroy property.
Giving him an eight-month suspended sentence with a 12 month community order, the judge said to some extent Ms Judd had contributed to why he was appearing in court.
But he advised Miller: “This has got to stop, not just in your interest but also hers. Leave Ms Judd alone.”
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