Leeds man, 30, flouted court order banning him from childhood home

A man who breached  a court order banning him from going to his childhood home after incidents of domestic violence against his sister  has been jailed.

Friday, 15th October 2021, 4:45 pm

David Upton, 30, went to the house in Seacroft just 12 days after being released from a prison sentence imposed for a previous breach of the restraining order, Leeds Crown Court heard.

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The court was told Upton's sister still lives at the sibling's childhood home with their mother.

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Leeds Crown Court

Paul Canfield, prosecuting, said: "There have been a number of domestic incidents between the defendant and the victim."

Mr Canfield said there have been a total of 21 domestic violence related incidents including threats to kill, assault, criminal damage and restraining order breaches.

Mr Canfield said there were three breaches of a restraining order in 2020 and a five year restraining order imposed in January of this year.

That order banned Upton from contacting his sister either directly or indirectly and not to go to her address in Seacroft.

Upton was released from prison on July 7 this year from a previous jail sentence imposedfor breachihng a restraining order.

Mr Canfield said Upton went into the house just before 4pm on July 19 when his sister saw him standing on the stairs while speaking to his father about the restraining order.

Mr Canfield said Upton told his father the order was "fake."

Upton's sister walked out of the house and called police and Upton was arrested.

Upton, of no fixed address, admitted breaching a restraining order.

He has 24 previous convictions for 41 offences.

Philip Morris, mitigating, said Upton was homeless when he was released from prison on July 7.

Mr Morris said Upton had been to his father's house, which is close to where his sister lives in Seacroft, but he wasn't at home.

He said Upton went to his sister's house believing his father would be there.

Jailing Upton for 14 months, Recorder Simon Eckersley told him: "You need to remember that your actions frightened your sister.

"The suspicion is that you commit these offences to return to the custodial environment where, I'm told, you feel safer and more comfortable."

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