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Man was standing in kitchen of house of which restraining order barred him going within 200 metres

He will appeal jail sentence imposed for breaching order which was in place as part of appeal on another matter

A man who breached a restraining order whilst awaiting an appeal of a prison sentence has been sentenced to four months in prison.

The 34-year-old’s barrister told court the defendant wished for this sentence to be appealed so that the matters could be dealt with in their totality.

Paul Davidson, of Carrickfergus, pleaded guilty to possession of drugs, and breaching a restraining order at Craigavon Magistrates’ Court on Friday, where he appeared via videolink from Maghaberry.

Court heard that on March 31, at around 9.40pm, police were called to an address on Jervis Street, Portadown, regarding a suspected breach of a restraining order.

Officers were permitted entry by the owner of the property and found the defendant standing in the kitchen.

It was found that Davidson was in breach of court bail and a restraining order.

The condition was that he was not to be within 200 metres of this address.

The defendant was subsequently arrested and made no reply to caution.

During a search of Davidson, police located Class B and Class C drugs in his pockets.

Defence barrister Aaron Thompson stated: “Mr Davidson has waived his right to a pre-sentence report. He is due to appear at the County Court of Appeals on April 29.

“This will be to appeal a seven-month sentence which he was handed.”

He continued saying: “My hands are somewhat tied on how this is to be dealt with, as this offence was committed whilst he was on remand.

“He has breached his bail in relation to the appeal.”

Mr Thompson stated: “He was placed under this restraining order and has failed to abide by it. It doesn’t matter that he was invited, by his account, by this lady.”

He informed the court: “This is why his record is littered with these sorts of offences.

“He on this occasion did not behave in an inappropriate way, he was not preying on a vulnerable woman and there was not a single threat of violence.”

Deputy District Judge Austin Kennedy stated: “He is not helping himself in the appeal and this court is not his biggest problem.”

Davidson was sentenced to four months in prison for the offences.

Mr Thompson later informed the deputy district judge that the defendant wished to appeal this decision for the offences to be looked at in their totality at the Court of Appeal.

Deputy District Judge Kennedy granted Davidson his own bail of £250 for appeal purposes but stated: “I am not going to release him.”

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