Man jailed for breaching suspended sentence terms
PUBLISHED: 17:10 04 January 2019 | UPDATED: 17:10 04 January 2019
A former Colchester man who planned to tie up a woman and have sex with her has been jailed for three months after breaching a suspended prison sentence order.
Lee Banks, who was living in supported accommodation for people with minor mental health problems, was holding a pair of scissors and claimed to have tape in a bag he was carrying when he was seen by a fellow resident outside Newlands, in Ipswich Road, Colchester, at around midnight in May 2015.
When Banks was asked what he was doing he said he wanted to go to a house in the area and have sex with the woman who lived there.
Banks, 31, denied attempting to trespass on premises with intent to commit a sexual offence but was found guilty after a trial in September 2016 and was given a two year jail sentence, suspended for two years, and ordered to take part in a 60 day rehabilitation activity requirement.
During his sentencing remarks on that occasion Judge Martyn Levett said he wasn’t able to reach a conclusion about what sexual offence Banks had intended to commit as there was a significant gap between him trespassing and any likely contact with the occupant of the house.
On Friday (January 4) Banks was before Ipswich Crown Court after admitting breaching the terms of his suspended sentence order.
Jailing him for three months, Judge Levett said Banks had Asperger’s, ADHD and dyspraxia which made life challenging for him.
However he said Banks was still capable of complying with the requirements of the suspended sentence.
He said Banks’ response to supervision had been sporadic and he had shown an escalating defiance against authority.
“You don’t want to engage with supervision and that makes managing the risk you pose very difficult for those charged with that responsibility,” said the judge.
He said Banks had been given an extra 30 days rehabilitation activity requirement for two previous breaches of the suspended sentence order, and out of a total of 90 days he had only completed 22 days.
Richard Potts, for Banks, said it would be unjust to impose the suspended sentence and urged the court to fine his client.
Giving evidence during his trial, Banks said he had no intention of breaking into the woman’s house and having sex with her.