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Stockport man escapes further punishment for breaching community order for domestic abuse

By Steven Oldham & Andrew Nowell

A Cheadle Hulme man who broke his community order after committing domestic abuse was spared jail this morning.

James Butterworth, 21, of Lorna Road, was found guilty of assault occasioning actual bodily harm on his then-partner at their home and sentenced in March 2010.

Judge Jeffrey Lewis decided to continue with the community order, but warned Butterworth to seriously consider any future breaches.

In January he failed to attend his community work and has twice since failed to report to his probation officer.

The probation service wanted the community order to be revoked and Butterworth to be resentenced, but Judge Lewis refused to do this.

He made it clear that it was the Court’s procedure to keep community orders in place as long as it is suitable.

Butterworth is unemployed since losing his job as a kitchen porter in a Manchester hotel.  He said due to split shifts at this job he wasn’t able to attend the meeting with his probation officer.

Judge Lewis had adjourned the hearing in April to see what progress he could make.

Butterworth, who has previous community orders against him for theft and possession of Class C drugs, has shown willing and enthusiasm to complete his community order, said Philip Barnes, defending.

Under the reviewed order, he is now subject to a Breach Activity Requirement, he will have to make additional visits to his probation officer.

Judge Lewis said: “One day the courts will lose patience with you if you continue to breach these orders.  I may have to revoke the order and resentence you if this is the case.”

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