A repeat offender who breached a town centre ban for the sixth time has narrowly been spared from a prison sentence and losing his home.
Chesterfield magistrates’ court heard on Wednesday, August 2, how Richard Musgrove, 37, of Talbot Crescent, Hasland, Chesterfield, was found by police in a prohibited area in New Square, Chesterfield.
Prosecuting solicitor Becky Allsop said: “A Criminal Behaviour Order was imposed on August 1, 2016, for five years with a map and at 5.40pm, on August 1, he was seen in New Square, Chesterfield, after being prohibited from being there after 5pm in the evening.”
Musgrove admitted breaching the Criminal Behaviour Order for the sixth time on August 1 - exactly a year after it had been imposed.
Defence solicitor Kevin Tomlinson said: “Musgrove was seen in the company of other people in the New Square area and officers were aware of his identity and were aware of a Criminal Behaviour Order requiring that he does not go into a Chesterfield town centre area after 5pm.”
However, Mr Tomlinson added that even though Musgrove had breached the terms of his order he was not dealt with for any other offending such as being drunk-and-disorderly, threatening behaviour or harassment.
The court heard how Musgrove first breached the order in October and received two weeks’ custody and breached it a second time in December and received 12 weeks’ custody tied in with an offence of assault.
Mr Tomlinson added that Musgrove breached the order three further times until a suspended prison sentence was activated followed by ten weeks of custody.
Musgrove committed his latest breach, according to Mr Tomlinson, after a bus had arrived into town late and he had been struggling to meet up with someone who had a key to his home.
Mr Tomlinson added that Musgrove has secured accommodation and he is concerned that if he is given further custody he will end up homeless and back on the streets.
He added: “One of the problems before us is that he was associating with other homeless people and there were concerns and there are concerns about people who are homeless and having to sleep rough in the town centre and he is concerned about losing his tenancy.”
District Judge Andrew Davison sentenced Musgrove to eight weeks in custody suspended for 12 months with an electronically-monitored, eight-week curfew from between 5.30pm to 8.30am until September 27.
Musgrove was also ordered to pay £85 costs and a £115 victim surcharge.