Preston judge sends 38-year-old Blackpool man to prison after accepting "slap on the wrist" didn't work

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A judge who spared an offender a prison term less than six months ago has now jailed him after accepting his lenient approach didn’t work.

Judge Richard Gioserano told Dean Flackett he had wasted the chance he gave him back in August and must now go to prison.

The 38-year-old from Blackpool was given an 18-month community order at the time after pleading guilty to two offences of possessing weapons in a public place.

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The order included a requirement to do 150 hours unpaid work and to comply with appointments for rehabilitation.

But Preston Crown Court heard Flackett had repeatedly missed sessions despite being warned he could be summoned back to court to be re-sentenced.

And Judge Gioserano was told transferring the order from Preston to Blackpool to make it more convenient for him to attend had still not brought about an improvement,

When Flackett, of no fixed address but previously living in Horsebridge Road, Blackpool, appeared back before the judge he was sent to prison for nine months.

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Preston Crown Court.Preston Crown Court.
Preston Crown Court.

The judge told him: “It gives me no pleasure to do this, but you have given me no choice. I wanted to give you an opportunity last August, even though you had no (permanent) accommodation.

“I thought it was unfair not to give you the chance. I gave you that chance, but unfortunately you haven’t taken it.

“Now I have little option but to do what I said I wouldn’t, which is to revoke the community order and sentence you to nine months on each of the original offences (to run concurrently).”

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The court heard that in addition to missing appointments for work and rehab meetings Flackett had also failed to surrender to custody after being released on bail in October.

His excuse, said the prosecution, was that he was living in Blackpool and couldn’t get to Preston.

His barrister Claire Larton revealed that her client accepted the order had “completely failed” and he had not complied with it as he should have.

“There is no excuse,” she said. “But the reason was that when he was released he had no stable address at that time.”

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She said he had been sofa surfing – staying with friends – and had no telephone.

“He has recently lost two close friends which is not uncommon considering the lifestyle he was leading – with alcohol abuse.

“He was said to be and remains remorseful about his involvement in the offending. He has the offer of a flat and that will be available to him once he is released. He is in a marginally better position than he was at the time of sentence.”

Judge Gioserano told Flackett that because he had already spent some months in custody awaiting sentence he would not have long to wait to be released.

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“You will have a few more weeks in custody. On your release this time you might be in a better position than last time.

“I hope that when you are released things go better than they have done since last August.”

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