A man narrowly avoided jail — then nearly talked a judge into changing his sentence to immediate imprisonment. David Jones from Llanelli had tried to interrupt the judge as he was being sentenced at Swansea Crown Court for carrying an offensive weapon and driving offences.
Judge Christopher Vosper KC told the 31-year-old to wait until he had finished his sentencing remarks. He said he had taken into account Jones' efforts to address heroin addiction and was "just" persuaded not to impose immediate custody. The judge suspended a 12-week jail term for one year, before asking if Jones still had something to say.
Jones then said: "I haven't got a heroin addiction." The judge replied that the probation service's report mentioned he was being treated with an opioid replacement, whether he considered himself addicted to heroin or not. But Jones persisted, telling the judge that he was on a heroin substitute to treat pain from an injury rather than because of an addiction.
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"The pre-sentence report is wrong?" asked the judge. The defendant said "yeah", to which Judge Vosper replied: "If it's wrong, I've sentenced you on a completely false basis and the appropriate sentence should be immediate custody."
At this point Jones' barrister Matthew Murphy said: "May I have a moment with my client?" After several seconds of hushed conversation, Jones addressed the judge again: "I understand what you are saying."
Mr Murphy added: "He accepts he has utilised heroin and he is being treated with a replacement. I simply ask that the sentence remains."
"The pre-sentence report is right?" asked Judge Vosper. Mr Murphy replied that it was and the judge told Jones: "You may leave the dock."
Earlier the court had heard how Jones, of Queen Mary's Walk, was caught riding a small off-road motorbike at 6pm on November 12 near his home. He had no lights on and was swerving across the road when a police officer shouted at him to stop. He then rode the bike into a parked car.
Prosecutor Brian Simpson said Jones was given a roadside swab for cannabis and tested positive. He was taken to a police station and assessed by a doctor who said Jones was "almost falling asleep" and had glazed, red eyes.
Officers searched Jones and found a metal 'self-defence ring' with two sharp points. He claimed he had bought it at a market for £2.30 and initially denied it was a weapon. Later he pleaded guilty to carrying the offensive weapon in public, although he insisted he had not known the ring could be used in this way. Mr Murphy also pointed out that Dyfed-Powys Police had returned the ring to Jones on three previous occasions when arrested for other matters.
In 2016 Jones was jailed for 45 months after putting on a balaclava and attempting to rob a shop with a knife. His ring offence — his second involving an offensive weapon — would normally carry a minimum jail term of six months but Mr Murphy called on the judge to impose a lighter sentence.
The barrister said: "He has had issues with substance misuse and mental health, but he has been supported by the Wallich and he is in accommodation through that charity. He is injected with a substitute for heroin. These are positives. He keeps animals of various breeds and that assists him day to day by giving him purpose and pleasure, which moves him away from his issues of substance misuse and assists him with his autism."
Jones also admitted driving while unfit through drugs and without a licence or insurance. Mr Murphy said his client had been attempting to access "more appropriate" land for off-road riding when he crashed.
Judge Vosper took into account that Jones had 20 previous offences on his record including battery and shoplifting, but also that he had taken steps to address his addiction. He also accepted that Jones had not realised the ring was an offensive weapon. He imposed 25 rehabilitation days and a two-year driving ban as well as the suspended sentence — which remained despite Jones' unusual exchange with the judge.
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