Man breached Asbo by going to friend's wake

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Wednesday, July 29, 2009
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This is Cornwall

A MAN with a long history of drunken violence breached an anti-social behaviour order banning him from licensed premises by going to a pub for a funeral wake, a court heard.

Stephen Westlake, aged 34, was barred from pubs, hotels and restaurants with an alcohol licence for three years in April, but Plymouth magistrates were told he was spotted at the Jolly Miller pub in Estover this month – only three months after the order was imposed.

Westlake's solicitor said his client was confused about the order and was attending a funeral wake for a friend who had died aged just 28.

Westlake, of King Street, Stonehouse, has convictions including for common assault on a Union Rooms barman, two assaults on police, one offence of wilfully obstructing police and another of driving while unfit through drugs. Magistrates imposed the Asbo after he was convicted of threatening behaviour.

Now Westlake has admitted breaching that order on July 10, a criminal conviction which in turn puts him in breach of two conditional discharges – for the public order offence and an earlier conviction for criminal damage.

It means magistrates have the power to re-sentence him on both of those matters.

The bench in fact decided to ask probation officers for a report on Westlake's background before he was sentenced.

Alistair Verheijen, prosecuting, said that the Asbo also banned Westlake from Plymouth's clubland between 7pm and 7am and from being found drunk and disorderly in a public place.

He said the manager of the Jolly Miller in Leypark Drive recognised Westlake at a wake being held in the pub at about 6pm on July 10.

David Teague, for Westlake, said he had been confused about the order and thought he was allowed to be in the pub before 7pm.

He added that Westlake had that afternoon attended the funeral of a 28-year-old who had been a good friend and followed other mourners to the wake.

Mr Teague said Westlake had not contested the order, which had been imposed to tackle and prevent anti-social behaviour after heavy drinking.

"He had cut down his drinking quite dramatically," he said.

"He only drinks occasionally at home."

Westlake was released on unconditional bail until August 21, when he will be sentenced.

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