"Decent Bloke" Jailed For New Year's Party Bedroom Grope

A New Year’s party guest, described by a judge as a “decent bloke” was jailed today for climbing into the drunken host’s bed and groping her between the legs.

Jamie Benjamin Hardman, 33, who has never been in trouble before, knew his neighbour had been put to bed by her boyfriend and sneaked into her flat as the party continued above.

“The influence of drink and drugs is so often the case when a decent bloke such as you behaves out of character,” Inner London Crown Court Judge Jane Rowley told him.

Hardman, of Eastbourne Road, Blackpool pleaded guilty to one count of sexual assault by penetration at the Tooting Bec address in south-west London in the early hours of January 1, 2021.

After his arrest he resigned from the company he co-founded, which brings puppies to businesses and workplaces for the mental well-being of staff.

Hardman sobbed throughout the hour-long hearing attended by his parents and sister and Judge Rowley told him: “I accept your remorse. Those are not crocodile tears, you are a decent fellow struggling to accept what he has done.

“I am going to pass the shortest sentence I can and I have followed the rock-bottom figure a judge can impose, but it is my duty to send you to prison immediately.”

Hardman received three years and four months imprisonment, must sign the sex offenders register for life and comply with a 15-year restraining order, prohibiting him contacting the victim.

He had always fought the case until police, urged by prosecutor Avantika Prakash, forensically examined the inside of the victim’s knickers and found his DNA.

“It was approximately 2-3am when the complainant, who was feeling ill, was put to bed by her boyfriend, who placed a plastic bowl next to her,” Ms Prakash told the court.

“Later, Mr Hardman went to the bedroom and got into the bed and the complainant felt a hand unbutton her jeans and go inside her knickers.

“She stirred, but when she heard this defendant say: ‘It’s alright,’ she realised it was not her boyfriend and got up and ran into her bathroom in a highly distressed state.”

Her boyfriend confronted an apologetic Hardman and twice punched him in the face as he broke down, claiming he did not know what had happened due to his intoxicated condition.

“The next day Mr Hardman visited the victim and said he was sorry, that his behaviour was out of character and he did not know what he was doing and hoped everyone could move on,” said Ms Prakash.

When questioned by police Hardman claimed there was “consensual kissing on the bed,” but could remember little more, having consumed eight beers, a bottle of gin, cocaine and ecstasy.

In her victim impact statement the woman said she had suffered “intense anxiety” and “insomnia” since the assault.

She described “horrific night terrors” and flashbacks that required five months of therapy and medication as she struggled with her mental health.

“She was extremely drunk and the Crown say she can be said to be extremely vulnerable at the time,” added Ms Prakash. “The offence is also aggravated by Mr Hardman being under the influence of a mixture of alcohol and drugs.”

Hardman’s lawyer Steven Gosnell conceded the forensic results prompted the late guilty plea. “Up until then the defendant had a very limited memory of what happened in that room apart from some spooning and kissing.”

However, Judge Rowley disagreed: “Saying there was consensual kissing was a lie to cover up his reprehensible behaviour.”

Mr Gosnell told the court: “He has been brought up by his mother and father in an exemplary way and the remorse that he shows is genuine and he is clearly petrified about  what will happen to him today.

“In his own words he said: ‘These are not the actions of the person I thought I was.’ He could not get his head around the allegation and where he went that night.

“The mixture of the cocktail of alcohol and drugs led him to behave in the way he did. He comes from good stock to use an old-fashioned phrase.”

Judge Rowley announced: “It is an incredibly sad case and the guidelines call for an immediate custodial sentence.

“He has led a constructive life and can be said to be of exemplary character.

“I love my job and it is very hard to impose a sentence on you, but you know you must go to prison,” she told Hardman. 

“In those early hours you knew she was the worse for wear for drink and you followed her into her home. A woman in that condition cannot give her consent.

“You have studied, you are hard-working and you have made something of your life and I am touched by the references and letters from your mother and father and sister and the friends who hold you in high esteem.

“You have been a brave man admitting what you did and I am sure when you come out you will come out a better man.”

Bitter Ex-Missus Harassed Former Hubby's Wife

Wimbledon Magistrates' Court

A telephone and email harasser has been sentenced for waging a campaign against her ex-husband's current wife.

Barbara Nichols, 63, of Appleton Square, Mitcham, a full-time carer to her mother, made repeated silent telephone calls and sent emails under a false name to the victim.

She pleaded guilty at Wimbledon Magistrates Court to one count of harassment between September 30, 2021 and January 27, this year.

Prosecutor Corran Helme told the court the victim thought it was “strange” Nichols 'liked' a post on her daughter's facebook page and a few weeks later she started receiving phone calls from a withheld number.

She would receive three such calls a day and then began receiving emails from an account in a man's name.

Email messages included: 'Changing profile pictures won't make him love you,' 'no good blocking me,' 'You better start looking for husband 3, 4 or 5.'

The victim felt the unknown harasser knew personal details about her husband's family history and their wedding anniversary.

The court was told the victim was “anxious, crying and depressed” as a result of Nichols' behaviour and was struggling to sleep at night.

She was confused by Nichols' campaign because her relationship with the defendant's ex began three years after the split-up sixteen years ago.

Nicholas told the court: “I feel ashamed. I cannot describe how I feel, I feel awful.

“I have come to terms now and don't have any issues.”

Magistrate Vanessa Weguelin told Nichols: “Your behaviour was bizarre in the extreme.”

She was sentenced to a twelve-month Community Order, which includes 120 hours community service and up to 25 days of a Probation Service-approved Rehabilitation Activity Requirement.

Nichols was also ordered to pay £100 compensation to the victim, plus £85 costs and a £95 victim surcharge.

Teenage Girl Molested At Rochester Railway Station

Police are hunting this suspected pervert after a teenage girl was molested on the platform of Rochester station in Kent.

British Transport Police (BTP) are treating the incident as an offence of sexual assault.

Officers investigating the allegation have released this CCTV image and are requesting the assistance of the public in identifying him.

At 10.00am on Sunday, July 10 the victim was waiting on the platform when a man sat next to her engaged her in conversation.

He made inappropriate comments towards her before sexually assaulting her.

Officers believe the man in the CCTV images may have information which could help their investigation.

If you recognise him, or have any information, please contact BTP by texting 61016 or calling 0800 40 50 40 quoting reference 2200069048.

Alternatively, you can call Crimestoppers anonymously on 0800 555 111. 

Underground Smoker Gives Passenger Black Eye

A smoker challenged for puffing a on the Underground gave the other passenger a black eye for pointing out his anti-social and illegal behaviour.

The victim was violently punched in the face, causing swelling as well as the eye injury at Kennington Underground Station.

British Transport Police (BTP) have released this image of the suspect and are appealing to the public for assistance in identifying him.

At 1.10pm on Friday, June 24 the victim challenged a male on the platform for smoking, which was met with the violent response.

If you recognise him, or have any information, please contact BTP by texting 61016 or calling 0800 40 50 40 quoting reference 2200062793.

Alternatively, call Crimestoppers anonymously on 0800 555 111.

Suspect Wanted For 'Upskirting' Female On The Tube

Police are hunting this suspected tube train pervert after a female passenger says she was recorded intimately on a mobile phone.

The victim says images of her upper leg were taken during the 'upskirting' incident.

British Transport Police (BTP) have released this image of the man they wish to speak to.

The victim was travelling on a Piccadilly Line train at approximately 7.30pm on Tuesday, July 12.

She says a male passenger onboard the eastbound service near King's Cross station was recording her on his phone at unorthodox angles.

She also insists images of her leg were on the man's phone screen.

The man got off the train at Arsenal Underground station at 7.40pm.

Officers believe the man in the CCTV image may have useful information which could help their investigation.

If you recognise him, or have any information, please contact BTP by texting 61016 or calling 0800 40 50 40 quoting reference 2200069578.

Alternatively, you can contact Crimestoppers anonymously on 0800 555 111.

Train Toilet Pervert Locked Up

An online groomer, who sexually assaulted a girl he lured into a train toilet after claiming he was too nervous to use it alone, has been locked-up.

Deneil Walker, 21, had been communicating with the girl via the web on apps including Snapchat, before arranging to meet her at Northolt railway station in west London.

He paid her fare and they boarded a train, travelling across London to Liverpool Street, and he molested her after tricking her into joining him in the toilet.

Walker, of Laburnum Close, Cheshunt, Hertfordshire pleaded guilty at Inner London Crown Court to two counts of engaging in penetrative sexual activity on October 4, last year.

He received four years custody and was ordered to sign the sex offenders register and comply with a Sexual Harm Prevention Order.

The distraught girl was abandoned by Walker after the attack and approached members of the public for help.

She was soon taken to the closest police station, where she reported the crime.

Walker was arrested early the next morning.

Detective Constable Vicki Bladen said: “The victim was in touch with us straightaway, a very brave thing to do while dealing with such a distressing offence.

“Within hours we were knocking on Walker’s door, finding crucial evidence such as the victim’s train ticket inside his man bag. 

“He was arrested, charged and put before the courts.

“Sexual crimes are a priority for British Transport Police. Every person has the right to travel in safety, and anyone who is a witness or is a victim to a sexual crime is strongly encouraged to contact us.

“No report is too small or trivial, we will always take you seriously. Contact BTP by texting 61016 or calling 0800 40 50 40.”

Knife-Wielding Docklands Light Railway Robbers Derailed

Tyreese Ulysses

Two Docklands Light Railway robbers, who terrorised commuters with knives and machetes while snatching phones and other personal property, have been locked-up.

Tyreese Ulysses, 20, of Mineral Street, Plumstead, pleaded guilty to four counts of robbery and four counts of possessing a knife in a public place. 

At Inner London Crown Court he was sentenced to eight years custody.

Jamal Wilson, 21, of Wood Vale, Forest Hill pleaded guilty to two counts of robbery, two counts of conspiracy to supply Class A drugs and one count of conspiracy to supply Class B drugs. 

At the same court he received thirty-four months custody.

Three other males, aged 17 to 21 years-old, have also been sentenced for their roles in the September 2020 crime spree.

Between September 1 and 17, 2020 Ulysses, Wilson and two teenagers committed six knifepoint robberies between them on-board DLR services in East London.

One each occasion they approached victims on the train, pulled out a knife or a machete and demanded possessions from them.

They were able to rob multiple phones, a wallet and a Gucci bag. 

During a knifepoint robbery on September 17 one of the teenagers also snatched a phone from a passenger and ran away.

Jamal Wilson

After the incidents were reported to the British Transport Police (BTP), detectives launched an investigation to trace and arrest the group.

Following Wilson’s arrest for his part in the robberies, detectives analysed his two mobile phones and discovered more than 200 messages referencing drug supply. 

He was further arrested for conspiracy to supply Class A and B drugs.

BTP Detective Constable Chris Pretty said: “This was a petrifying experience for all the victims, who were subjected to the group’s despicable spate of robberies.

“Ulysses and Wilson are opportunist criminals that aren’t fit to be in our community – I’m thankful to the courts for handing them adequately strong sentences behind bars.

“I would also like to thank the victims, the public and our colleagues at the Metropolitan Police Service for assisting our investigation, allowing us to trace and arrest the culprits quickly.

“We’re patrolling the network in London and across the UK round the clock to crack down on knife crime. Crimes of this nature will never be tolerated, and we’re devoted to removing dangerous weapons from the railway.”

Path Wars: The Sentencing

Sentenced: Virk

A neighbour involved in a long-running dispute with the next-door couple, has been sentenced for breaching a restraining order by falsely accusing them of being drug-dealers.

However, Ruby Virk, 54, claims her life is being made a misery by the couple, accusing them of excessive noise and smoking cannabis.

She pleaded guilty to breaching the three-year order, which was made after the Crown Prosecution Service dropped harassment proceedings against her in relation to the couple in November, 2020. 

Virk was sentenced to a twelve-month Community Order, which includes 140 hours community service.

She was also fined £100 and ordered to pay her neighbour £250 compensation.

Police were called to her address in Haygreen Close, Kingston-upon-Thames at 4.30pm on November 3, last year to deal with a dispute involving Virk’s tenant and door locks being changed.

While the officers were there Virk’s neighbour’s opened their front door to see what was going on, said prosecutor Rose Edwin at an earlier hearing.

“The tenant said those neighbour’s were in trouble with the police and drug-dealers and he said he had got that information from his landlady, Virk.”

She is subject to a court-imposed restraining order made on November 25, 2020, prohibiting her from contacting her next-door neighbour’s; standing outside her front door; posting items to them and accusing them of being drug-dealers.

Ground Zero: Haygreen Close

“She has informed other parties that there neighbour’s are drug-dealers,” added the prosecutor.

The court heard Virk has four convictions for a total of fourteen criminal offences, mostly of a public order nature.

The male half of the couple detailed the problems living next-door to Virk in his victim impact statement.

“There has been a financial impact on our lives. We have had to instal an alarm system and installed security cameras,” he said.

“We have not slept well over the last three years and are awake at every noise and bang in the night in fear that Ruby is damaging our home or trying to get in again.

“We are in fear of her slander and lies that we are drug-dealers and racist.”

The neighbour said he lost an architecture role due to a stress-induced drop in his work performance.

“We are unable to use our garden or have guests over more than a few times due to the constant harassment.”

One underlying issue is a shared pathway both Virk and her next-door neighbour’s have to use to access their homes.   

Virk’s lawyer Catrina Sheehan told the court: “The victim impact statement seems to be highly-exaggerated. This charge is related to just one incident.

“The impact statement relates to many other older incidents.

“The background to this is a long history of a neighbour dispute and she says her life is being made a misery by the couple through noise and the smell of cannabis.

“She has required therapy and treatment for depression.”

Virk told the magistrates: “It was the height of the moment. It was an intense evening.” 

Church Party Guest Jailed For Raping 12 Year-Old

A church birthday party guest is starting a thirteen-and-a-half year prison sentence after shoving a 12 year-old attendee into bushes and twice raping her.

Ghana-born Kofi Prempeh, 28 - nicknamed ‘Africa’ - ignored the girl’s pleas to stop and her desperate attempts to push him off in the dark park as he walked her home. 

Prempeh, of Wide Way, Mitcham pleaded guilty to two counts of raping the girl in the park near Leighton Street, West Croydon on August 4, 2018 three days into his trial.

“How you can have gone from a young man with no history with the police to raping a child is difficult to fathom,” Croydon Crown Court Judge Elizabeth Smaller told him.

“It involved a considerable degree of violence in a public park late at night.

“She spent a period of time terrified she was pregnant and that must have added to the terror this young girl felt and she says there is not a day that goes by that what you did does not interfere with her life and she is still in counselling.

“I find you do pose a risk to young females and it is necessary to protect the public from you.”

Prosecutor Nicola Merrick told the court last Friday: “He claims he did not know how old she was at the time, but the Crown do not accept that assertion. He knew when he engaged with her that she was a child, aged twelve years-old.

“She had gone to a party organised in a church hall that the defendant had also attended and she overstayed longer than her mother agreed.”

Prempeh was not a stranger to the girl, who had attended alone.

“The defendant left the party with her at 10pm or so and arrived at her home address at around midnight, a journey that would normally take twenty minutes,” added the prosecutor.

“The route he took her on was through the park. It was dark and he pulled up her dress and pulled down her knickers.

“He warned her that she was not to tell her mother or anyone else what he had done and she experienced some bleeding the following days.”

Prempeh was arrested three months later and denied raping the girl, only finally admitting his guilt after the trial began and she had given evidence and been cross-examined.

During that trial the court heard the girl’s family believed she would be safe amongst fellow-churchgoers they knew.

Miss Merrick told the jury: “That evening there was a birthday party and the congregation attended and the girl’s mother thought members of the church would keep an eye on her daughter.

“She was outside the church when the defendant came out and spoke to her while holding a bottle of beer, which she thought was Guinness.

“She believes he tried to persuade her not to go home and as she walked through the park he was beside her.

“Mr Prempeh pushed her down into some bushes and pulled up her dress and touched her breasts and pulled her knickers down.

“She as shouting at him to leave her alone,” explained the prosecutor. “She was upset and tried to push him off.

“She was saying: ‘Stop, stop. There are people that can see you,’ but that did not seem to put him off.

“She was crying and he could see she was upset and told her to stop. She could not stop herself and he shouted: ‘No more crying.’

“The complainant phoned her mother and told her she was okay and the defendant kept telling the girl she was not to tell anyone what he had done to her and that it would be bad for her.

“The defendant told her: ‘If I find out you’ve said anything to anyone there will be trouble.’

“The girl confided in her cousin and three months later told her family what had happened.”

Prempeh’s lawyer John Hunter told the court on Friday there was little point making him subject to a Sexual Harm Prevention Order on release. “There is every possibility of him being deported in any event.

“He has expressed the shame he feels on a daily basis and during his time in custody he realises just how inappropriate his behaviour was and questioned if it was worth carrying on living.

“The impact on him has had a significant effect. It was not planned in any way, it was opportunistic and something that he bitterly regrets and will do so for the rest of his life.

“She was not pulled into bushes or anything of that sort and she is not entirely reliable in the evidence she did give. There was evidence of some accepting of what happened and wanting it to happen.”

However, Judge Smaller challenged this, remarking: “Well, on her evidence that is what happened and stating otherwise doesn’t do your client many favours.”

The judge told Prempeh: “Your counsel’s propositions are somewhat of an anachronism to me. I do not accept these submissions or that this girl suggested these acts should take place.”

The judge also extended the licence period following Prempeh’s release by four years and ordered him to sign the sex offenders’ register indefinitely and added his name to the barring list, which prohibits working with children and vulnerable adults.

Bus Sex Pest Sentenced After Police Appeal

A bus pervert, whose CCTV image was circulated by police after he molested a woman on the top deck, has been sentenced.

Adedoyin Adebiyi, 56, was caught on camera travelling onboard the Croydon-bound double-decker and was arrested and charged soon after the police went public.

He fought a charge of sexually assaulting the female passenger on the 468 bus on August 31, last year, but was convicted.

Adebiyi, of Lansdown House, Crawford Estate, Denmark Road, Camberwell appeared at Croydon Magistrates' Court.

The victim reported being molested by another passenger as she travelled on the service at 10.15am.

Police released this image of Adebiyi in October, last year and the appeal was widely published.

He was placed on a twelve-month community order, which includes 240 hours community service work.

The court also told Adebiyi he must sign the sex offenders register for the next five years.

He was also ordered to pay £250 compensation to the victim, £300 costs, plus a £95 victim surcharge.

Elizabeth Line Thugs Hunted For Brutal Attack

A gang of laughing tube train thugs hospitalised two male passengers, who were repeatedly punched and kicked, suffering serious facial injuries.

The two victims required multiple surgeries to their jaws while travelling on the Elizabeth Line between Ilford and Forest Gate stations, just before midnight on Monday, May 9.

British Transport Police (BTP) have released these images of two suspects they believe were part of the three-strong gang.

Three young men approached the victims and sat next to them on the train. 

One of the men placed his arm around one victim and demanded they both handed their phones over.

The group continuously asked for the victims’ phones and became more threatening as they refused, standing over them and kicking their legs.

They then briefly walked away whilst laughing, before returning to the victims and again demanding for their phones. 

One of the victims tried to stand up and the group surrounded him.

When the other victim attempted to intervene a member of the group punched him in the face, causing him to fall back down on the seat.

The group then repeatedly punched and kicked the victims in the face while they were both seated.

Both victims were taken to hospital with serious facial injuries, both requiring multiple surgeries to their jaws.

A 19-year-old man was arrested in connection to the incident.

Officers believe the young men in the CCTV images may have information which could help their investigation.

If you recognise them or have any information, please contact BTP by texting 61016 or calling 0800 40 50 40 quoting reference 11 of 10/05/22.

Alternatively, call Crimestoppers anonymously on 0800 555 111.

Discount Masseur Jailed For Molesting Female Clients

A massage therapist, who molested two Groupon discount voucher female customers, is starting an eighteen-month prison sentence.

Police are convinced Jay Steel, 60, of Whieldon Road, Stoke-on-Trent abused more women and have appealed for those victims to come forward.

At Croydon Crown Court last Friday he was also ordered to comply with a seven-year Sexual Harm Prevention Order and must sign the sex offenders register for the same period.

The two massage customers both separately complained to the police they had been variously touched between the legs, had their breasts fondled or made to touch masseur Steel’s crotch.

Both had responded to online ads, which offered discounted “deep tissue” massages for customers with Groupon vouchers.

He was convicted by a jury of three counts of sexual assault on February 27, 2017 in relation to the first woman and two counts of sexually assaulting the second woman on March 17, 2019. 

The first complaint, a 32 year-old television journalist told Croydon Crown Court Steel had a room in a Shand Thames dental surgery, near London Bridge.

“He was touching places only my boyfriend would touch,” she told the jury via her police video-recorded statement. 

She said she was face-down on the treatment table and Steel touched her between her legs when she asked for them to be massaged after a recent work-out injury. 

“As he went higher and higher I thought: ‘Where are you going?’ I totally freaked and must have made a sound because he said he was sorry and I felt so embarrassed for him.

“It happened again within a few minutes and I was flabbergasted. I made a horribly groaning croaky noise that was like: ‘Get the f*** off me.’

“This was under my underwear and I felt like I was not safe anymore and the person I had come to for help was a bit of a creep.

“I could feel myself tearing up and I was so embarrassed I froze.

“I just lay there like a dead animal thinking: ‘What’s the worst he can do in five minutes?’ I was so frightened that if I got up, I’m eight-and-a-half stone and he’s fourteen or fifteen stone.

“I couldn’t do anything. I was thinking: ‘You’re going to get raped or he he could really hurt you.’

“I booked a twenty-minute massage and got a two-hour ordeal,” she added, explaining Steel then placed each of her hands between his legs.

“He was using the shaking movement of my hand to touch himself. It was the kind of situation you think stupid ditzy girls get into.

“His breathing changed as if he was getting aroused.

‘His hands went into my bra and he started massaging really hard and it was causing me pain and I was going: ‘Argh, argh.’

“I could feel him touching my nipples. I was tearing up and he did this for ten minutes and mumbled something about lactic build-up.” 

She admitted not shouting out to Steel’s receptionist, telling him to stop or trying to flee the treatment room. “I was half-naked,” she said. “I was not sure how far I would get.”

Prosecutor Judith Benson told the jury the second woman saw Steel just over two years later at an address in Dollis Hill, north-west London.

“She described him pushing her buttocks apart and pressing his crotch against her right hand.”

The woman also told police Steel touched her between her legs and moved her hand between his legs. “She also said she could feel her bra coming away from her body.”

A third woman came forward and said Steel molested her during a massage on April 4, 2019, but he was not convicted on two counts of sexual assault in relation to her.

“He focused on her groin and buttock area over her clothing in a rubbing movement,” said Ms Benson.

“She says he also told her to adopt the ‘downward dog’ yoga position, resulting in her rear being raised. “She felt he was staring at her.”

The woman also told police Steel placed her hand between his legs and she told the friend she went with it was a “weird” experience.

Throughout the trial Steel claimed he behaved “perfectly properly” and did not intentionally touch the complainants intimately.

After the sentencing, investigating officer Detective Constable Victoria Gaunt said: “Jay Steel is a sexual predator, who used the guise of a masseur to assault women who had placed their trust in him, for his own sexual gratification.

“The women Steel abused have shown great strength and courage to report their ordeal to police and support our investigation - I hope his conviction brings them some sense of justice.

“It is highly likely that Steel carrie out other attacks while masquerading as a masseur.

“I would ask any women who believe they have been a victim of Steel to come forward and speak to police.

“I hope his conviction demonstrates the Met’s commitment to investigating sexual offenders and ensuring they are held to account for their actions.”

Platform Ponce: Pickpocket Caught By Cops

A pickpocket, who dipped a female commuter for her phone and was immediately captured by transport cops, has been jailed for six weeks.

Zakaria Cenouci, 23, nicked the iPhone X from the woman's coat pocket on the Victoria Line platform at King's Cross Underground Station at around 5.15pm on June 30.

Two undercover British Transport Police (BTP) officers were looking out for criminal activity on the platform and were onto the heartless thief even before the victim shouted out: “Hey!”

Cenouci did a quick u-turn and tried to flee the scene, but the officers caught him and returned the phone to the woman.

When searching the pickpocket officers also found a small quantity of a Class B drug.

At Westminster Magistrates' Court Cenouci pleaded guilty to theft and drug possession.

He was sentenced to six weeks imprisonment and ordered to pay the victim £152.

Inspector Sharon Turner of BTP's Priority Crime Taskforce said: “This was a quick turn around by our officers. 

“From the immediate arrest of Cenouci to his charge and jailing soon after.

“Our team is committed to ensuring passengers can travel safely with their belongings.

“We’ll always ask the public to make the jobs of thieves more difficult by keeping a close eye on their own belongings and being aware that thieves do choose to operate in crowded environments, which can often mean busy railway stations.”

Drink-Driver Blew Nearly Five Times The Limit

A drink-driver, who collided with another car and later blew an “off the chart” breath-test nearly five times over the limit, received a suspended prison sentence yesterday.

Divorced mother-of-two Marion Nye, 48, a Marks & Spencer customer services employee, was so drunk her reading exceeded the official sentencing guidelines.

However, in an unusual step, a District Judge decided to sentence her on the basis of the lower roadside breath-test she gave to police officers an hour and a half earlier.

Former library assistant Nye, of Heathfield Road, Keston pleaded guilty to driving her green Fiat 500 with excess alcohol in her breath in Pickhurst Lane, West Wickham on July 17.

The police and Crown Prosecution Service charged her on the basis of the 167 microgrammes reading recorded by the Intoximeter at Bromley Police Station.

However, District Judge Sushil Kumar accepted the lower 127 roadside reading Nye gave police.

The legal limit is 35 microgrammes.

Prosecutor Jennifer Gatland told Bromley Magistrates Court the roadside test was “not evidential.”

Police hand-held roadside test kits are not subject to the same regular calibration as the Intoximeter machines, which  are regularly checked and tested for accuracy.

The sentencing council’s recommendations only go up to readings of 150 microgrammes and suggest drink-drivers in that bracket can receive up to twenty-six weeks’ imprisonment.

“The breath-reading of 167 an hour-and-a-half after you ceased driving was so high that it was not even something the sentencing council guidelines even address,” District Judge Kumar told Nye.

“It is literally off the chart and the starting point for that in normal circumstances would be four months’ imprisonment.

“I am not going to sentence you to immediate imprisonment so you will be free to go today, but there were aggravating factors.

“There was a collision, you knew that you were intoxicated, there were people in the vicinity and the police officers spoke to bystanders who saw the collision take place.

“When the police attended you drove off for a short distance and, putting it bluntly, continuing to drive in that state you could have killed someone, killed yourself or an innocent bystander.

“I will sentence you on the basis of your roadside reading. You have pleaded guilty and are of previous good character and you have not been in trouble before or been before the courts in your forty-eight years.

“At the time of the offending there were a number of factors weighing heavily on you. Your divorce, the matters you suffered within the marriage, requiring you to seek assistance from outside charities.

“Your menopause and a medical diagnosis that had returned.

“I have no doubt it is something you will regret for the rest of your life. Your father was killed in a road traffic accident so you understand how serious this was.”

Nye received twelve weeks imprisonment, suspended for eighteen months and disqualified from driving for forty months.

She must also complete 80 hours community service work and obey a four-week non-electronically tagged nighttime curfew between 9pm and 6am, except on one day a week she works late.

Nye must also pay £85 costs and a £154 victim surcharge.

It was approximately 8.00pm when police officers saw two vehicles had collided at a roundabout, with several young women standing around.

“The second vehicle was a silver Golf and and they found Ms Nye, who was alone, in the driver’s seat of her Fiat,” explained Ms Gatland.

“The witnesses told the police the Fiat had crashed into the Golf while travelling on the wrong side of the road and there was damage to Ms Nye’s front bumper.

“The police officers thought the defendant was intoxicated and they wanted to speak to her and she drove off for around thirty metres.

“One officer gave chase on foot and she came to a stop as the officer drew level with her open window and the officer removed the key from the ignition.

“The aggravating features here are the fact there was a collision and the level of alcohol is literally off the scale when it comes to sentencing.”

Nye’s lawyer Sarah O’Leary told the court: “She has care responsibilities, she has two daughters aged thirteen and sixteen years-old and shares care with her ex-husband.

“As part of the divorce he kept the house and she is in a flat. She was previously working in a school and is now with Marks & Spencer’s customer services.

“She did end up spending two days at the police station and that clearly had a large impact on her.

“She is very distressed and embarrassed. The experience has scared her and she has not drank alcohol since.

“She knows custody is a very real prospect and is scared not just for herself, but her daughters and her mother to whom she also provides support.

“Her mental health is fragile due to the emotional abuse within the marriage and she has been in contact with her doctor as well.

“Custody could see her lose her job, her flat and impact the wider family.”

District Judge Kumar told Nye he was impressed by her efforts to engage with local alcohol services since her arrest.

“You have not been drinking since this and according to the pre-sentence report you are not a risk of causing serious harm to others,” he told her.

“An immediate custodial sentence would result in a serious impact on others, your daughters, who are of relatively young ages.

“You already face and suffer your loss of good character and carry the shame the loss of your good character brings.”