Community service for man who breached restraining order

Sunday 29 October 2017

A 44-year-old man who breached a restraining order that prevented him from contacting his ex-partner has been sentenced to 180 hours community service and put under a 12-month probation order.

Daniel Charles Cornish was found guilty of charges including common assault, malicious damage and illegally entering the woman's home with intent to commit crime.

Advocate Jeremy Haywood, who was defending Cornish, said his client did not accept he was guilty of the offences. He added that while his ex-partner hadn't invited him directly, she had spent some time discussing various matters with him and that there was a period "where she was at least acquiescent" to him being there. 

Advocate Haywood told the court: "The route of all of Mr Cornish’s troubles since 2005 is this horrifically toxic relationship." He stated it wasn't a one-sided affair and that even though the restraining order had been imposed for the woman's safety, she had admitted to making contact herself.  

The court heard that Cornish had recently obtained a vehicle, work and accommodation. Advocate Haywood added: "If he spends any longer in custody he will certainly lose his vehicle and with the loss of his vehicle comes the loss of any means of working." He later said that Cornish was trying to rebuild his life and if there was any reoffending it would be in the relationship. He continued saying that the risk of failure was "very, very low" as Cornish did not want to see the woman again.

Returning his sentence, Relief Magistrate Nuno Santos-Costa told Cornish: "The relationship between you and her is a relationship adequately and accurately described by your counsel as toxic. It is a relationship which clearly has caused, in part ,your life to spiral in the wrong direction. And I appreciate some of it has to do with alcohol and drugs. This continual attachment is something that is going to ruin your life if it carries on."

He also warned Cornish that if he ever breaches the restraining order and the case came back when he is sitting In court, he would refer the matter to the Royal Court stating, "I will consider I do not have enough power to sentence you."

He then added that he was conscious that the woman had also been in contact with Cornish on a "number of occasions," which had an impact on him. He said: "The only way forward for the both of you is that there is no contact between the two of you for any reason."

The Relief Magistrate however told Cornish that he had entered the woman's flat uninvited, whilst drunk, that he had put her in fear, before causing her injury as well as damage to her flat. "She has the right to never be in the position where she is in fear of you or in danger of you, especially in the privacy of her home," he added before stating the restraining order should remain in place.

As Cornish had already served 111 days in custody, equivalent to a five and a half months sentence, he decided not to order a further custodial sentence. " If I were to add on to that, without further thought, you would serve a couple of months more but there wouldn’t be community service or anyone one to help you afterwards."

He therefore sentenced Cornish to 12 months community service, equivalent to 180 hours, and put him under probation for 12 months. Before exiting court, Cornish thanked the magistrate saying, "I want to do my best. Thank you for giving me hope," to which the Relief Magistrate replied: "The only way you can do that is by not appearing before me again, otherwise you won't be thanking me."