A man charged with three offences while on a suspended jail sentence was fined a total of $1200 with no further action taken on the breached sentence, despite him not showing up at Mudgee Local Court to face the matters.
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Ben John Birtles, aged 36, of Lawson Street, Mudgee, had been given a suspended jail sentence on January 18, 2017, for; two counts of ‘possess prohibited drug’; two counts of ‘shoplifting’; and two counts of ‘larceny’.
Prior to that he’d been placed on a good behaviour bond for a charge of ‘larceny’ on October 19, 2016.
On that same date an Apprehended Violence Order (AVO) was also put in place.
Birtles was listed to appear in court on Wednesday (April 5, 2017) charged with three new offences of ‘Contravene prohibition/restriction in AVO (Domestic)’, relating to that order.
One of the conditions was that he not approach the Person In Need Of Protection (PINOP) or their residence.
On February 14, 2017, a witness – associated with the PINOP who was aware of the AVO – arrived at the address specified in the order to see Birtles leaving.
Two days later the same situation occurred, with the witness arriving to see him at the location, when they spoke to him he said he “never went inside”.
On March 10, 2017, police attempted to perform a check on Birtles but after they were unable to locate him at his residence they feared that he was at the PINOP’s house.
Which they confirmed shortly after when they went there.
Birtles’ legal-aid solicitor was granted leave to withdraw from representing him when he failed to appear in court on Wednesday.
