Man avoids jail for entering ex-partner's home in court order breach
- Credit: Archant
A poultry factory worker has avoided jail by the "narrowest of margins" for breaching a restraining order by entering his ex-partner's home and driving near it.
Kyle Muir had been banned from contacting his ex-partner or going near her Gorleston home by Norwich Crown Court.
On Wednesday he was sentenced to a suspended prison sentence for breaching the order twice after previously admitting the offences.
Great Yarmouth Magistrates' Court heard that on June 3, 2021, Muir, 26, had entered the home of his ex-partner and after being spotted by her had jumped over a fence to flee.
Then on November 9, 2021, Muir, of Albany Road, Great Yarmouth, had been seen by police near a One Stop Shop that was less than 500 metres from her address, constituting another breach.
The court heard in a statement from Muir's ex-partner that she "feels vulnerable due to the invasion of her home".
The court heard Muir had 36 convictions for 75 offences, include breaching court orders and that he had asked for a suspended prison sentence so it would be hanging over his head to help him avoid making the same mistakes again.
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Calvin Saker, mitigating, said Muir was worried about losing access to his child, wanted to engage with support services, and was engaging with social services.
He now has a job at Banham Poultry and it was said he had travelled to London with his ex-partner within days of the June breach.
District Judge David Wilson, sentencing Muir to 18 weeks in prison, suspended for two years, said he had considered jailing him but was giving him another chance.
However, he warned Muir if he breached the restraining order again he would appear before him to be jailed.
Judge Wilson said: "Your track record does not fill me with any confidence."
After sentencing Muir he added: "You were in the narrowest of the margins of going to prison today."
As part of his suspended prison sentence Muir will also have to wear a GPS tag for six months, go on a building relationship course and carry out 35 rehabilitation days.
Muir was also order to pay a total of £473 in court costs and fines for two motoring offences from the November 9 offence.