CARLISLE MAN JAILED FOR THEFT AND BREACHING DOMESTIC VIOLENCE ORDER
A CARLISLE man turned to drug abuse after his entitlement to supported accommodation ended and he found himself homeless, a court heard.Stuart Barwise, 41, then stole tobacco from a local petrol station and was taken in by a woman whom he had been banned from being with under the strict terms of a domestic violence protection order (DVPO).
At the city’s Rickergate court, he admitted theft, breaching the court order, and having no reasonable excuse for his failure to attend probation appointments as part of his post-sentence supervision.
Prosecutor Diane Jackson outlined the offending.
The defendant committed the theft after walking into the Penny Petroleum store in James Street on June 1 and asking for two pouches of tobacco.
When shown them, he simply grabbed them and walked away without paying.
He breached the domestic violence protection order on September 13.
It was discovered after officers who were investigating the theft visited the woman involved and found Barwise was in her home.
“He was found in an upstairs bedroom,” said the prosecutor.
She added: “This is the ninth time he has breached a domestic violence protection order.
"He has a terrible record.” Duncan Campbell, defending, said that after the defendant’s last release from prison he was sent to live in supported accommodation in Liverpool, his first stable accommodation in a long period.
“He did really well there,” said the lawyer.
But that accommodation was available for only three months.
Barwise was then moved to temporary accommodation in Barrow, which allowed him to develop a settled routine.
Mr Campbell continued: “But the temporary accommodation ran out and came to an end; he then eloquently told me that there was absolutely nothing.
Suddenly, he was on the streets.
"Probation was still involved but her had nowhere for correspondence.
“There was a complete absence of real support, so he unfortunately went back to drug abuse and that is the nub of his problem.” Addressing the DVPO breach, Mr Campbell said the woman loved Barwise and wanted to support him and, having bumped into him by chance, she realised he was homeless and suggested he return home with her.
“He was found in an upstairs bedroom,” said the prosecutor.
She added: “This is the ninth time he has breached a domestic violence protection order.
"He has a terrible record.” Duncan Campbell, defending, said that after the defendant’s last release from prison he was sent to live in supported accommodation in Liverpool, his first stable accommodation in a long period.
“He did really well there,” said the lawyer.
But that accommodation was available for only three months.
Barwise was then moved to temporary accommodation in Barrow, which allowed him to develop a settled routine.
Mr Campbell continued: “But the temporary accommodation ran out and came to an end; he then eloquently told me that there was absolutely nothing.
Suddenly, he was on the streets.
"Probation was still involved but her had nowhere for correspondence.
“There was a complete absence of real support, so he unfortunately went back to drug abuse and that is the nub of his problem.” Addressing the DVPO breach, Mr Campbell said the woman loved Barwise and wanted to support him and, having bumped into him by chance, she realised he was homeless and suggested he return home with her.
“He was found in an upstairs bedroom,” said the prosecutor.
She added: “This is the ninth time he has breached a domestic violence protection order.
"He has a terrible record.” District Judge Philip Holden noted that Barwise had previously served jail terms for flouting DVPO orders and even though the woman had encouraged him to flout the order it was his responsibility to abide by it.
Rejecting Mr Campbell’s submissions, the District Judge noted Barwise’s poor compliance with court orders and his further theft offence.
“There is no realistic prospect of rehabilitation,” concluded the judge.
He jailed Barwise, most recently living at Town View, Kendal, for nine weeks.
