Prisoner who 'borrowed' phone in Leeds jail to enquire about release avoids new sentence
A prisoner who said he “borrowed” a phone days before his release has avoided being sent back inside.
Fortune Muzamhindo ironically had the phone to enquire where he would stay after his imminent release, but it almost cost him his long-term freedom.
He was given a suspended sentence at Leeds Crown Court after his barrister successfully argued that he was turning his life around.
The court heard that prison officers at HMP Wealstun received information that Muzamhindo had the illegal item.
They let themselves into his cell on October 10 last year. He immediately stood up and tossed the phone at the entering officer.
A search found the charger hidden in his cell also, prosecutor Sophie Lamb told the court.
He later admitted having a prohibited article in prison, the second time he has been charged with the same offence. He has five previous convictions for nine offences.
Mitigating, Carl Kingsley said Muzamhindo was released the day after the phone was found.
He said he wanted the phone because he was worried about where he would stay after his release.
Mr Kingsley said there was no evidence he had used it.
He said Muzamhindo, of Prince Street, Huddersfield, was making progress in becoming drug free, had a job in administration, had enrolled in a business course, had passed his driving theory test and had his practical test booked.
He asked the judge to “take an exceptional course” and give Muzamhindo another chance rather than lock him back up.
The judge, Recorder Catherine Silverton acknowledged his progress and that he had made no attempt to conceal the phone once confronted.
She said she was “just” persuaded not to send him back into custody.
Instead, she gave him four months’ jail, suspended for two years but warned him that he would be locked up if he breached the terms at any point.