Welcome to our weekly live blog of cases as they happen at Truro Magistrates’ Court.
Our reporter Graeme Wilkinson is in court today and you can read his live updates on cases below.
There are two courts in Cornwall, at Truro and Bodmin, and each will have more than one courtroom running at the same time.
The magistrates’ courts deal with all criminal cases, not matter how serious or how minor.
What happens next depends on the case itself. There are three kinds of offences which are classed depending on how serious they are, known as summary, either-way or indictable-only.
The least serious offences are the summary ones, which are dealt with by the magistrates. The most serious are the indictable-only ones, which must go up to the crown court for consideration.
And then the either-way offences, as the name implies, can be heard at either court. It all depends on the details and circumstances of each case.
Defendants can also elect for these offences to be heard at the crown court before a judge and jury. This right is a cornerstone of our criminal justice system.
Meanwhile, at the magistrates' court, if a defendant pleads guilty, they could be sentenced straight away or have the matter put back for a pre-sentence report. If they deny the allegations against them, the case will be adjourned for a trial.
That’s all I have time for today so thank you for reading. We’ll be back with more cases from court next Monday.
99mph A30 speeding allegation
Next is the case of John Raymond Westwood who is accused of driving his Audi S4 on the A30 at 99mph.
He is also charged with failing to give information of the driver, following the alleged incident at St Neot.
Westwood, aged 68, of Mint Street, Godalming, Surrey, is not in court and in a letter explains that he no longer has a licence for medical reasons and has difficulty getting to Cornwall.
He asks for a adjournment so he can get the case heard in Surrey. He added that he was not driving the car at the time.
The matter is sent to Staines Magistrates’ Court.
Alleged incident at Saltash services
A trial date has been set for Liam Cooper, of High Street, Brighton, who is accused using threatening behaviour following an incident at the services at Saltash. It is alleged he made threats to members of staff and the defence said it would be reviewing CCTV of the incident.
The case is adjourned until October 31 and Cooper, who was in custody, is released on condition he lives in Seaford and does not enter Cornwall accept to attend solicitor’s meetings or his trial.
Man lobbed 4kg weight through window
The last case before lunch is Wayne Frederick Back, of East Pool Park, Redruth, who pleads guilty to assault and smashing a window on a Coastline Housing estate.
The court hears how the 26-year-old went to a house in Oxland Road, Illogan, on August 23 to get his bicycle back, but argued with the householder Shane Webber.
The two struggled and Mr Webber was knocked over. Back, who works as a gardener, said he feared Mr Webber would attack him so he punched him while he lay on the ground.
He said he accepted that he used too much force. As he was waking away, he said Mr Webber threw his bicycled over a fence, hurting Back, who in turn threw a 4kg bell bar weight through the house’s front window.
Prosecutor Paul Gallagher said the facts were disputed but accepted on the basis of the guilty plea.
He said Mr Webber said he was punched by Back for 30 seconds as he lay on the floor. He said Mr Webber then retreated inside and Back was outside and began throwing objects at the house, including the weight.
Back is fined £280 and ordered to pay £30 victim surcharge and compensation of £150 to Coastline Housing for the window and £75 to Mr Webber.
Man bitten by police dog
Now in court is the man linked to an earlier hearing about a disorderly incident in St Ives.
Michael Lee Yould, aged 31, of Wellfield Close, St Erth, denies an allegation of using threatening or abusive behaviour against a police officer on August 26.
It is alleged Yould stripped off his shirt and approached the the officers in a threatening manner.
Yould said he was going over to help his friend James Bark (see case below) who he alleged was being roughly handled by the police during his arrest.
He said one officer beckoned him over and he was then bitten by a police dog.
“Not once did I use threatening words or behaviour,” he said.
The case is adjourned for a trial on 31 October at 2pm and Yould is released on unconditional bail.
Woman denies drink driving after Truro collision
Next in the dock in Rebecca Miller, aged 43, of Halwyn Place, Truro, accused of drink driving.
It is alleged she drove a red Vauxhall Astra on Kenwyn Street in Truro on August 22 having been over the drink-drive limit.
The court hears the police were called after an allegation that Millar collided with another car while parking her own vehicle.
She pleads not guilty and her solicitor explains that she consumed alcohol after she had finished driving, but before giving a breath test to the police.
The case is adjourned for a trial back at this court on November 20 and Miller is released on unconditional bail.
Man tasered after chase with police
The court now hears how police tasered a man after he barged two officers to ground during a chase.
It happened after police had been called to Camborne on March 4 to reports that a man had tried to take a car.
Tyler Mitchell Tresidder, aged 22, of Mount Pleasant, Hayle, pleaded guilty to taking a car without the owner’s consent and two charges of assaulting police officer.
Prosecutor Paul Gallagher said a man was shuffling cars around outside a garage in Trevithick Terrace, and left a VW Golf in the road with the engine running while he went to move a second car.
He turned to see Tresidder, a self-employed builder, get into the Golf and begin to reverse it away.
The man ran over to the car and, reaching in through the drivers’ window, grabbed the keys, he said.
The two men argued and the police were called.
Mr Gallagher said Tresidder pushed away one of the officers in the chest and ran away. As he came up to a second policeman in the road, he said Tresidder barged into him, causing the officer to fly backwards six feet and fall to the ground.
The first officer gave chase down the road and Tresidder grabbed him by his body armour, pulling him down into the street. Both officers were injured in the chase.
It was at that point, Mr Gallagher added, that Tresidder was tasered by a third officer and quickly detained.
Defence solicitor Charles Hulley said Tresidder only intended to move the car a short distance and accepted he overreacted when the police arrived.
Tresidder is handed a 12-month community order and ordered to do 150 hours of unpaid work in the community.
He must also pay £130 court costs, £85 victim surcharge and compensation of £150 and £100 to the two policemen.
Daylight theft from Asda
People at the Asda supermarket in Penryn watched as a woman walked into the foyer, picked up toilets rolls, fabric conditioner and a duvet without paying, and loaded them in her car.
Lisa Spillar, aged 39, of no fixed address, was arrested after the incident on Friday and appeared in court on Saturday where she pleaded guilty to theft.
She is back in court today after meeting with the Probation Service for a pre-sentence report.
The court hears Spillar had lost her home earlier this year after her shop went bust, and she and her husband were either living in their car or in a tent.
The magistrates are told that Spillar has a drug problem and keeps making low level offences. She is already on a court order and this was her third breach of a conditional discharge.
Spillar is fined £120 and ordered to pay £30 victim surcharge. There is no claim for compensation as all the items were recovered by police.
Claims against police
The next case is one involving an alleged disorderly incident in St Ives and claims the police have acted inappropriately.
James Luke Bark, The Pastures, Shortlandsend, is accused of using threatening, abusive or disorderly behaviour in St Ives on August 26.
Bark, aged 28, denies the allegation that he was shouting and swearing in front of police officers. He alleges the officers targeted him.
Representing himself, Bark said the matter relates to an ongoing tribunal of misconduct against a police officer.
He also told the court that he was questioning the number of injuries he received when he was arrested.
The court hears the incident is also linked to another man in court today, Michael Lee Yould, aged 31, of Wellfield Close, St Erth, who faces an allegation of using threatening or abusive behaviour against another police officer in the same incident.
The court decides not to combine the proceedings and hold two separate trials.
The case against Bark is adjourned for a trial on November 13 and he released on unconditional bail.
Prohibited from reporting
In an unusual move, the court has passed an order under the Contempt of Court Act 1981 prohibiting publication of any details of the next case.
The matter is linked to an ongoing police investigation and any details released now could prejudice the investigation.
So, sorry, I can’t say anything now - but we shall be covering this case when it comes back to court. All I can say is that its going to be a big story when it breaks. It’s not often that the court makes such an order in a public court and only does so in the interests of justice.
Allegation against crane driver
A trial date has been set for a crane driver accused of driving without due care and attention in Truro.
Lee Jarred Davis, of Boslowick Road, Falmouth, has previously pleaded not guilty to the alleged offence, an incident involving the damage of vehicles on Morlaix Avenue on January 20.
It is alleged Davis, 48, was driving a mobile crane at the time and allegedly failed to look in his mirrors while changing lanes. The defence are going to call an expert witness to give evidence and said Davis was not aware of any collision.
Davis was not required to attend court while the paperwork for a summary trial was sorted out.
The matter is adjourned for a trial at the magistrates’ court on November 27.A trial date has been set for a crane driver accused of driving without due care and attention in Truro.
Lee Jarred Davis, of Boslowick Road, Falmouth, has previously pleaded not guilty to the alleged offence, an incident involving the damage of vehicles on Morlaix Avenue on January 20.
It is alleged Davis, 48, was driving a mobile crane at the time and allegedly failed to look in his mirrors while changing lanes. The defence are going to call an expert witness to give evidence and said Davis was not aware of any collision.
Davis was not required to attend court while the paperwork for a summary trial was sorted out.
The matter is adjourned for a trial at the magistrates’ court on November 27.
New rules on assaulting the emergency services
Just as we’re waiting to start, the court staff and solicitors are discussing new guidelines, which are not yet in force but due to start soon, making the offence of assaulting police officers and other members of the emergency services more serious. They could soon be referred to the crown court.
Good morning, it’s Graeme Wilkinson here. It’s a beautiful sunny if chilly day and court is due to begin at 10am.
