No more chances for ASBO breach boy

Troubled Daniel Cunningham, 17, of Buxton Drive, was given a four-month detention and training order by Hastings magistrates in June.

He entered a prohibition zone banning him from Bexhill High School and Sidley Community Youth Centre.

But at Hove Crown Court on Friday he argued that his sentence was too harsh.

Julian Woodbridge, prosecuting, told the court Cunningham was made the subject of the order on October 14, 2002.

He said: "He came back before the courts on many many occasion and was dealt with variously with Community Punishment Orders of varying lengths, reparation orders and fines.

"A considerable number had accumulated up to the time of the breaches which were proved in relation to the present set of convictions which are the subject of this appeal.

"On March 26, 2004, the appellant was seen at Bexhill High School by a teacher. He knew he was not allowed to be within the area of the school as a result of the order made in October 2002.

"He was arrested shortly after the report for the breach of the order and it was then apparent that other breaches had been on March 19, 2004, and March 24, 2002, when he had entered a prohibited area.

"This time it was Sidley Community Youth Centre. When charged he said, `I don't give a s***''. He didn't accept he was in breach of the orders but of course he has convictions in relation to these matters."

The court heard Cunningham has 15 previous convictions for 24 offences. Maria Crawford, defending, told the court he had been diagnosed with Attention Deficit Hyperactive Disorder.

She said: "There are three breaches for which Daniel was sentenced for. In the first breach he was within 10 metres of the school.

"He accepts he was in breach of the order. He was speaking to someone through the perimeter fence.

"He accepts he has to abide by this order but says he found it extremely difficult, given than he lives just a few yards away from the prohibition zone. He is sorry for these breaches. The other two breaches were at the community centre where he should not have been.

"He simply kicked the metal door to get attention to see if anyone was in there. He was not let in.

"This is a very troubled young man with a medical condition. His behaviour has deteriorated over the last few years because of the influence of his peer group.

"He is a very unsettled and unhappy young man. Serving two months under a detention and training order I would submit will not be helpful in preventing him from re-offending in the future."

Sitting with a magistrate, Judge Anthony Niblett dismissed his appeal. He told him: "We do sympathise with your background and understand you have Attention Deficit Hyperactive Disorder.

"The order has to be obeyed and you repeatedly breached it on 18 sepaerate occasions before the magistrates finally felt they had no alternative but to impose this sentence.

"We felt they were right. We cannot say this sentence was wrong in principle or manifestly excessive and therefore dismiss the appeal. You have to be punished for what you have done.

"What we hope is that when you come out on August 7 you have learned a lesson."