Rapist out on licence refused breath test

Newbury magistrates heard Kirk Andrew Giddings, of Bockhampton Road, was released on licence in March 2013, halfway through an eight-year prison term for raping a schoolgirl.
But instead of staying out of trouble, the court was told on Thursday, November 27, the 31-year-old drove through two red lights after drinking to excess - then refused to take a breath test.
Sarah Mackay, prosecuting, said witnesses spotted Mr Giddings’ black Ford Escort jump two sets of lights near the Robin Hood roundabout on the A4 in Newbury.
One of the witnesses later saw the same car parked up “in a crooked manner,” with the motorist in the driving seat, in nearby Martingale Chase, the court was told.
Mr Mackay added: “She called police because she was concerned for the welfare of the male driver. Officers attended and felt that the bonnet was warm to the touch. They banged on the window to attract the driver’s attention. They opened the door and could smell alcohol. They noticed Mr Giddings was unsteady on his feet.”
He was arrested but, on being taken to Newbury police station, Mr Giddings refused to provide a specimen of breath for analysis, magistrates heard.
Ms Mackay said: “He gave no reasonable excuse. He had been working at Newbury Racecourse and couldn’t remember driving from there...he only remembered officers banging on his window.”
Mr Giddings, who has several previous convictions, admitted failing to provide a specimen for analysis without reasonable excuse on November 8 this year.
A charge of driving while unfit through alcohol on the same occasion was withdrawn.
Stephen Collins, defending, said: “You will see some interesting offences on his record and he is still on licence. He has been given a warning as a result of this latest conviction but no further action is being taken.
“He will remain on licence until 2017 and if there are any further offences he could be recalled (to prison).”
Magistrates asked when Mr Giddings had been released from prison on licence and were told it was on March 5 last year.
Mr Collins said his client was a building site superviser at the racecourse, earning good money but working long hours.
On the night in question, he said, Mr Giddings had been drinking with friends and had intended to sleep in the car, “but foolishly decided to move it.”
After retiring with colleagues to consider sentence, presiding magistrate Antoinette Jackson said: “There is evidence of serious impairment...we view this as a very serious offence.”
She said that only a further custodial sentence was justified but that she and her colleagues had decided to suspend it.
Mr Giddings was sentenced to six months’ imprisonment, suspended for 12 months.
In addition he was made subject to a three month curfew, enforced by electronic tag, on Saturdays and Sundays from 6pm until 6am.
Finally, Mr Giddings was ordered to pay £85 costs with a statutory surcharge of £80 and banned from driving for 30 months.