A MAN who had a let-off when he was incorrectly sentenced in court on Monday committed an identical offence on Tuesday and found himself back before Blackburn magistrates.
This time the previous day’s error was spotted, the case re-opened and Paul Manley was jailed for eight weeks on each offence to run consecutively.
Manley, 52, of Holmes Square gardens. Burnley, pleaded guilty to breaching a criminal behaviour order on Monday and again on Tuesday. He was jailed for a total of 16 weeks.
Scott Parker, prosecuting, said Manley had been given a conditional discharge after pleading guilty to the first breach but that was not a sentence available to the bench.
The case was re-opened when Manly appeared the following day and the facts of both offences presented to the court.
At 7.30am on Monday police attended Kitchens petrol station on Trafalgar Street, Burnley. Manley, who was prohibited from entering the shop or the forecourt was inside the shop drinking from a bottle and causing a nuisance to both customers and staff. He was arrested, charged and put before the court on Monday afternoon.
At 3am on Tuesday police were again called to Kitchens where they found Manley sitting on a plant pot outside the shop. He was very drunk and drinking from a can.
The court heard Manley had 139 previous convictions for 316 offences and there were nine previous breaches of the criminal behaviour order which was made in September 2019.
Laura Haywood, defending, said her client was an alcoholic who had numerous issues.
She said at the moment he had an address, which was a positive, and if he were to go to prison he would lose that stability in his life.
Miss Haywood said on the second occasion Manley said he was simply sheltering from the rain and was not causing any difficulties.
“I have explained to him that the map excludes him from the shop and the forecourt area,” said Miss Haywood.
Imposing a custodial sentence Deputy District Judge Helen Chapman said the offences could not be seen as minor against the background of numerous previous breaches.
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