A MAN caught in his ex-partner's home in breach of a restraining order has been sentenced.

Jonathan Smith, of School Lane in Llangynog, Powys, appeared at Caernarfon Crown Court via video link from HMP Berwyn on Thursday.

The 49-year-old had appeared before the Magistrates Court on December 26, when he was convicted of harassment by breach of a restraining order.

Rosemary Proctor, prosecuting, told the court that in September last year, Smith was sentenced for threatening to damage or destroy property so as to endanger life.

For that offence, he received a six month custodial sentence, suspended for 12 months.

A restraining order was made on that occasion, prohibiting him from contacting Dawn Garston except regarding the sale of their property in Nant Mawr Road, Buckley, via solicitors.

But on December 23, police received a report that Smith was at the location.

Officers attended and Ms Garston answered the door.

She told them the defendant wasn't there, but allowed them in to check.

Smith was found hiding in a bed upstairs, following which he was arrested.

In custody, he claimed he'd attended the home to sign paperwork regarding the sale of the property.

RECOMMENDED READING

Ms Proctor read from a statement provided by Ms Garston, in which she clarified she did not support the prosecution.

She said she wished for the defendant to "get support for his mental health difficulties and alcoholism," and referenced his service to his country in the RAF.

Ms Garston had also asked for the restraining order to be amended to enable her to contact the defendant, not just through solicitors, but that he remains prohibited from attending the Buckley home.

The court heard Smith has completed more than 80 of the 100 hours of unpaid work imposed as part of his suspended sentence, but has yet to complete his rehabilitation activity sessions.

Euros Jones, defending, said almost immediately after the restraining order had been imposed, Ms Garston had been messaging him.

On the night of the breach, she'd asked him to attend the Buckley address to sign paperwork - and she'd travelled to Powys to pick him up, he said.

"The information Mr Smith has from Ms Garston is that she wants a reconciliation," he explained.

"She has asked the police to lift the order but has been told she needs to contact the court to apply for it."

Judge Huw Rees told the defendant: "I have constructed the sentence in order for you to be released from custody. What is going on between you and the complainant Dawn Garston needs to be reviewed and stabilised.

"Whatever the view is about the continuance of your relationship, or reconciliation - you shouldn't have gone there.

The Leader:

"It seems there was some instigation by her to say the least."

For breaching his suspended sentence, the Judge handed Smith two extra days of rehabilitation activity.

A custodial term of 82 days was handed down for the breach of the restraining order - which owing to Smith having served the equivalent of 41 days on remand, means he is to be released "as soon as possible."

The Judge set down a hearing for Monday, February 12, for the defendant and complainant to further discuss the restraining order and whether it should be amended or revoked.