A WREXHAM man has been spared jail after he was found guilty of sexually assaulting a woman at a city centre nightclub.
Curtis Kavanagh, of St Peters Close in New Rhosrobin, appeared at Wrexham Magistrates Court for sentence on Tuesday morning.
The 28-year-old had been convicted previously of possessing cocaine and sexual assault - the offences having both happened in 2022.
Prosecutor Justin Espie told the court that the defendant appeared for sentence following his conviction after trial.
He told the court that in the early hours of the morning, the victim and her friends were at Atik nightclub in Brook Street.
She was approached by Kavanagh, who touched her buttocks under her dress.
The victim was in shock and told door staff what had happened, following which the defendant was escorted away to wait for police.
When arrested, he was found to have a bag of white powder in his underwear - later confirmed to be cocaine.
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In a statement read to the court by Mr Espie, the victim said she "felt so intimidated by this male" and was left feeling unsafe to go out in the city centre.
Euros Jones, defending, told the court: "The victim was very fair in the trial, saying it was a 'brushing' of her buttocks.
"Mr Kavanagh is in full time employment - he owns his own haulage firm and works all hours."
The court heard the recommendation by the probation service of unpaid work may conflict with the defendant's legally required rest periods as part of his line of work.
District Judge Gwyn Jones aired his view that the offences had crossed the custody threshold.
But Mr Jones asked the Judge to take into consideration that a suspended sentence could cause his client "greater difficulties" and notification requirements as a sex offender when going before the Traffic Commissioner.
He suggested the defendant could pay a fine for the offence.
District Judge Gwyn Jones told Kavanagh: "It's clear you cupped the buttock area of the witness; that's what the Justices found.
"You didn't accept you'd done anything wrong.
"The injured party was extremely upset and it's very much the case that she felt unsafe going out into Wrexham.
"I don't wish to set you up to fail, however I am satisfied that this does cross the custody threshold."
As such, the Judge handed down a 12 week custodial sentence for the sexual assault, but suspended it for 12 months.
"The consequences of this conviction are obviously a matter you will have to come to terms with," the Judge said.
"The notification requirements in relation to this matter apply for seven years and only apply regarding the sexual assault."
Furthermore, Judge Jones handed down a £250 fine for the cocaine, as well as ordering Kavanagh to pay costs of £770 and £1,000 compensation to his victim.
The Judge added: "I've taken on board the points made by Mr Jones, but the Traffic Commissioner would no doubt be interested in not only the sexual assault, but the possession of cocaine - because if you use cocaine, it's clear that will break down into BZE, which would be in your system.
"That's an issue you will need to persuade the Commissioner about regarding your suitability to hold a licence."
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