Reading Crown Court: Lifeline for Lambourn motorist caught driving while disqualified
A JUDGE showed mercy to a man caught behind the wheel in defiance of a driving ban.
Jason Byford was facing a possible prison term because he was also subject to a suspended sentence at the time.
The 27-year-old, of Close End, Lambourn, admitted driving a Citroën Xzara on Sowerby Road, Thatcham, on Tuesday, June 14, while disqualified from holding a licence.
He also admitted driving without insurance on the same occasion.
Shaan Sethi, prosecuting at Reading Crown Court on Friday, November 25, said police spotted Byford driving from Thatcham towards Reading at 9.15am.
He told the court: "The offence is aggravated by his previous convictions and the fact this offence was committed during the operational period of a suspended sentence."
The law states that, upon a fresh conviction, such a suspended sentence must be activated unless it would be manifestly unjust to to do.
Dana Bilan, defending, said her client, who has a young child, suffered from mental health issues.
She added: "After being stopped by police, his mental health deteriorated to the extent that he took an overdose.
"Consequently his medication has been stopped and he is now in therapy."
Ms Bilan said that Byford had been banned from driving for four years in December 2020 and told the judge: "He still has two years to go on that and Your Honour has the reassurance that he must take an extended driving test after that."
The judge, Recorder Simon Dyer KC, told Byford: "You knew you were disqualified from driving.
"I appreciate you needed the car to work and your employer didn't know about (your driving ban).
"Nevertheless, court orders need to be complied with."
He added: "You were uninsured, so if you caused harm to others while driving it leaves them in financial difficulty; I hope you realise how seriously the courts take this.
"However, although the guidelines suggest activation of the suspended sentence, you were so close to the end of its term it seems to me, given your mental health difficulties, that it would be unjust to do so.
"Only in rare cases such as this is a suspended sentence not activated."
He made Byford subject to an 18 month community order.
No order for costs was made because of Byford's lack of means to pay.
Byford was ordered to complete 30 days of rehabilitation activities and 12 mental health treatment sessions.
Finally, he was banned from driving for four years.