A HOMELESS man has lost his bid to overturn a Criminal Behaviour Order (CBO) imposed to curb his drunken offending in Kendal and protect the public.
Heavily-convicted Liam Steven James Christian, 23, was sentenced by magistrates in May for an assault on a member of the public which occurred at a town centre off-licence the previous month. His punishment was a two-year CBO which banned him from being drunk in public, and having any open alcohol container in his possession in public.
Christian’s appeal against the imposition of that order was heard today (FRI) at Carlisle Crown Court.
Prosecutor Brendan Burke revealed that seven of Christian’s previous 51 criminal offences were alcohol-related, and spoke of “drunken nuisance offending, which is escalating such that it is of concern to the local police”.
However, Chris Evans, for Christian, said the appellant had been abusing – and dependant upon – alcohol for some time, and was homeless.
Mr Evans suggested Christian was “literally being set up to fail” by the CBO terms. Although it was envisaged the order would help to prevent further offending, Mr Evans said: “If anything it pushes him into a very precarious position.”
Ruling on the appeal, Recorder Peter Atherton spoke of a “difficult” and “finely balanced case”. But, dismissing Christian’s appeal, Recorder Atherton concluded: “This order must stand in the hope that it does assist him; more importantly in the hope that it protects members of the public from his intimidating behaviour.”
