Man with 17 convictions caught begging tells court 'it won't happen again'
PUBLISHED: 12:00 02 May 2019 | UPDATED: 15:31 02 May 2019
A man has escaped punishment for breaching a court order after he was caught begging in a town centre.
Ryan Frary, 27, of no fixed address, appeared in Norwich Magistrates' Court on Thursday via video link from Great Yarmouth police station.
He pleaded guilty to breaching a criminal behaviour order (CBO) which was made by Great Yarmouth Magistrates' Court on June 16, 2018, for a period of two years.
The order states he cannot beg in Norfolk or enter an area in Great Yarmouth - which includes the town centre - between 9.30am until 4pm and between 5pm until 9am - leaving him with only one hour in which he is allowed in the area.
On Wednesday (May 1), at 8.30am, he was caught on CCTV sitting outside McDonald's in Regent Road on the floor, with a blanket over his lap.
Prosecutor Anna Crayford said passersby were seen walking past him and shaking their heads, in a way that indicated they were saying 'no'.
Frary was arrested and spent a night in custody. In police interview, he told officers he was homeless but denied begging.
Ms Crayford told the court Frary had 17 previous convictions for 27 offences and was last in court in November 30, 2018, when he was sentenced to two months in prison for battery and criminal damage.
Rob New, mitigating for Frary, said there was no evidence that the defendant was actually begging although he admitted to breaching his CBO by being in a prohibited area.
“He didn't know how long the order was for, didn't know when it was made or who made it,” said Mr New.
“He's a fairly simple, straightforward young man, he lives in a fairly basic way.”
Mr New described Frary as living a chaotic life and that he was not on benefits or in employment, adding: “He has no income at all, he's getting by through charity and friends.”
Mr New said this was the first breach of the order and so a night in police custody is sufficient punishment.
Chairman of the bench Linda Lambert agreed with Mr New and sentenced Frary to one day in custody, which he has served.
There were no orders for costs or victim surcharge due to Frary having no income.
A relieved Frary told magistrates: “It won't happen again, I promise.”