Guilty man faces longer prison term
WHEN Gary Moore appealed against his jail sentence little did he think he could end up with a longer prison term.But today Moore is facing the possibility of just that scenario.
WHEN Gary Moore appealed against his jail sentence little did he think he could end up with a longer prison term.
But today Moore is facing the possibility of just that scenario.
Moore, of Defoe Road, was sent to jail for six weeks by South East Suffolk Magistrates after he pleaded guilty to possessing one and a half ecstasy tablets and an extendable baton.
The 34-year-old has not served any of the sentence because he lodged his appeal the day he appeared before magistrates.
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Judge Christopher Barnett QC heard the appeal at Ipswich Crown Court and although Moore hoped his sentence would be reduced to a fine or community punishment, Judge Barnett ordered a pre-sentence report to determine the length of a jail sentence.
Judge Barnett said: "It would entirely unfair to you to go away saying to yourself "I'm not going to prison." The reverse is the case. We want to gauge the length of any sentence and it is entirely open because this is a re-hearing. I hope you realise the significance of that."
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Moore was found in possession of the drugs valued at £15 and the offensive weapon when his car was stopped in the Cardinal Park area by police on January 25.
During a police interview Moore, a commercial cladder by trade, said the ecstasy was for his own use and the baton was to seek "revenge" on a man who robbed his former girlfriend.
Jude Durr, mitigating, said Moore, who has a criminal record for carrying an offensive weapon, assault and breach of community service order, had initially put the baton in his car for a revenge attack. But then he decided not to carry out the threat and had forgotten to take the baton out of his car.
He said Moore had appeared at magistrates' court without legal representation because he had wanted his case dealt with quickly so he had pleaded guilty and expected to be fined for the offences.
However, Moore, who lives with his mother and father, appealed after he was ordered to serve a six-week jail sentence.
He was released from court on conditional bail, which included a 10pm to 6am curfew until March 12 when he is to be sentenced.