Despite being warned that probation officers could ‘not manage the risk’ of a registered sex offender and wanted him locked up, a Gloucester judge has decided not to jail him.
Gavin McDonald-Creek, of Boundary Road, Houndstone Road, Yeovil, who got a 14-year-old Gloucestershire girl pregnant, was given a suspended jail term at Gloucester Crown Court in July but has failed to obey the terms of the sentence.
At the original sentence hearing Judge Lawrie heard that McDonald-Creek started having sex with the girl, who cannot be named for legal reasons, when she was 14.
Probation Service officer Joanne Hall told Judge Ian Lawrie QC on Friday: “Probation are not able to supervise him. We say the risk he poses cannot be managed effectively in the community.”
She said his lack of attendance was ‘not acceptable for someone who is registered sex offender’ due to his ‘continuous moving around the country’.
“He is not taking the matter seriously.” Ms Hall said. “And is showing that through non-compliance.
He has not attended supervision appointments as directed, the court was told.
McDonald-Creek was due to attend a breach hearing last week but failed to turn up to court and a warrant for his arrest was issued.
“The request today is to activate the suspended sentence,” she said.
He was caught last Friday, and remanded in custody until today.
However, Judge Lawrie told McDonald-Creek: “I am giving you an opportunity to prove yourself.”
He released McDonald-Creek from custody and told him he must attend every single appointment until a further hearing that the judge scheduled for December 8.
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