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Man jailed after breaking tagging order

PUBLISHED: 22:54 14 June 2002 | UPDATED: 12:05 03 March 2010

A MAN has been jailed despite claims he breached an electronic tagging order to go to the loo.

South-East Suffolk Magistrates heard Richard Fosker had broken his electronically-enforced house arrest by going to the outside toilet.

A MAN has been jailed despite claims he breached an electronic tagging order to go to the loo.

South-East Suffolk Magistrates heard Richard Fosker had broken his electronically-enforced house arrest by going to the outside toilet.

Mark Holt, defending, admitted Fosker had repeatedly broken his daytime curfew. But he said his client had either been chasing children away from his house or visiting the toilet.

Fosker, 32, of Marlow Road, Ipswich, had been tagged as punishment for shoplifting, criminal damage and threatening behaviour.

In the tagging order, imposed after Fosker failed to complete a community penalty, magistrates ordered him not to leave the house between 11am and midnight.

But Lynn Kelly, representing tagging company Premier Monitoring, said Fosker had broken the order many times after it was imposed on March 18.

She said he then ripped the tag off his ankle and smashed it on April 18.

Gareth Davies, prosecuting, told magistrates Fosker's initial offences included headbutting a window at Westbourne High School.

He said Fosker stormed into school during an evening disco on July 12. He confronted a teacher about pupils throwing rubbish into his garden.

Mr Davies said Fosker was very drunk and quickly became abusive. He then smashed the window with his head and barged through a group of young teenagers on his way out.

Mr Holt said Fosker had suffered at the hands of unruly schoolchildren. He said his client had complained a number of times about rubbish but lost his temper on the evening in question.

Magistrates heard Fosker had suffered a severe alcohol problem from the age of 11, but that he now felt it was under control.

Mr Holt said all the breaches had good reasons and pointed to their short duration – between three and 19 minutes.

He said Fosker's new-found control of his drink problem and a recent improvement in pupil behaviour meant his client could now complete a tagging order.

But magistrates said Fosker would have to be jailed as all community penalties had failed. He was sentenced to 28 days.

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