MAGISTRATES have told a Powys man he will not be going to jail after he appeared in court two months after being handed a suspended prison sentence for offences that occurred on the same day.
Michael Evans, 41, was back in the dock at Llandrindod Wells Magistrates’ Court on Tuesday, November 26.
He was charged with assaulting Nick Prosser outside the Llanerch Inn, Llandrindod, on July 26; as well as causing criminal damage to a Dyfed Powys Police van on the same day.
These two offences occurred on the same day as Evans, of Gwynfa, Llandrindod, admitted assaulting a police officer by spitting in his face.
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Evans was sentenced for the spitting incident – handed an 18-week custodial sentence, which was suspended for 12 months – in September, with the Crown Prosecution Service this week admitting to the court that all matters should have been dealt with together.
“The underlying incident which turned into the suspended sentence was a 999 call, citing problems outside the Llanerch,” said prosecutor James Ashton.
“Mr Prosser said the defendant punched him to the jaw and chest. They are known to each other, they live together in the same supported living accommodation.
“Over the course of an evening the defendant had become difficult towards staff and members of the public, and he was asked to leave. He then punched Mr Prosser. He then spat in the rear of a police vehicle on they way to Newtown Police Station.
“This all should have been bundled up together. Had these offences been tied up with the previous offence, they would not have affected the sentence.”
Lorna Jones, chair of the bench, told Evans: “We’d like to say sorry; this should have been dealt with at the time.
“We have heard good things (about how you’re getting on with the [previous] order, you’re working well with probation. Due to this excellent progress, there won’t be any additional punishment.”
Magistrates sentenced Evans to 18 weeks’ custody, suspended for 10 months, for the assault – this will be served concurrently to the existing suspended sentence. There will be no separate penalty for the criminal damage offence and no costs were ordered.
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