File image. © Andrew Bardwell
It seems prison absconder Richard Graham may get a second chance, even after he never went back to jail after being given compassionate leave to attend his grandmother’s funeral.
He was allowed out of jail for the day from 9am to 4pm on December 20 to attend the funeral, but didn’t return and was eventually caught on January 9.
A new sentencing date in the Christchurch District Court has now been set for March 10. It means that by the time he is sentenced, the 28-year-old will have spent a total of eight weeks in custody on remand on two charges of driving while disqualified.
Judge Gilbert said today the long spell in custody resulted from Graham’s “failure to engage properly with corrections”, but it could be taken into account in deciding whether he would be allowed community detention which will allow him to serve a sentence at home.
Probation will check his suitability for a community-based sentence during the remand, and Judge Gilbert said today he would consider an order that will allow Graham the chance to go through the testing for his restricted licence.
It is licence offending that keeps getting him in trouble. He has previous convictions.
Before the sentencing, Judge Gilbert wants to see evidence that Graham has a properly registered and warranted vehicle available for his training, and that he is enrolled for a driver training course.
Graham, the father of young children, was originally remanded in custody for sentencing on December 13, but made application on December 19 for release on compassionate grounds to attend his grandmother’s funeral the next day.
His mother picked up from the prison as arranged, but defence counsel Steve Hembrow said that Graham was then told that because of a family dispute, his father had trespassed him from the funeral and said he would call the police if he tried to attend.
“It was just too much for him. He didn’t have the emotional wherewithal to deal with it,” said Mr Hembrow. “He made very bad choices.”
At Graham’s court appearance after his arrest, Mr Hembrow said he had been told by other prisoners that when he returned from the funeral he had better have contraband hidden internally, or he could expect a beating.
Graham told the judge today: “I know my choices were really bad.” He said he really wanted to sort his life out.
Judge Gilbert told him: “I gave you a break last time and you rejected it. You really haven’t helped yourself. You are just full of excuses.”
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