A father of two who was ordered to do unpaid work after a drug-dealing conspiracy has landed in court again because he prioritised his job over the court order. Lewis Boston from Cardiff has not missed "a single day" in his job as a plumber — but he has repeatedly missed his appointments with the probation service, Cardiff Crown Court heard.
The 27-year-old, of Roath, was sentenced in July 2021 for possession of cannabis with intent to supply. He was handed an 18-month jail term suspended for 24 months as well as 100 hours of unpaid work — and prosecutor Karl Williams revealed Boston has only done six hours and 40 minutes of that work.
Mr Williams said Boston had provided sick notes for three missed appointments and failed to attend on another occasion due to his job, which earns him £500 a week. On three other dates he did not attend because of "mental health problems" but failed to provide any evidence. He also received a formal warning for using unacceptable language in a voicemail to a probation officer.
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Judge Jeremy Jenkins recalled a previous hearing in January when he had warned Boston that any further breaches would be "unacceptable" and that if he was medically unfit to attend appointments he had to provide evidence. Boston, of Pen-Y-Wain Road, admitted he had missed appointments since then but his barrister Emily Jermin said: "He doesn't take for granted the chance he was afforded on the last occasion."
She conceded her client had not been "perfect" but pointed out some absences were accepted by the probation service including one due to a chest infection. He has also been "suffering extremely badly" with anxiety and depression following a stabbing two years ago which left him with post-traumatic stress disorder and "decreased motivation", Ms Jermin told the judge.
"He had to leave one appointment early because one of his children was unwell and he had to look after them," she added. "This demonstrates he has a degree of conscientiousness, particularly regarding his family. He is fearful of prison and the impact that would have on his mental health, which he is medicated for. Your honour will note his last substantive criminal offence was in 2019 for the drug offence. There has been no traditional offending since then and this demonstrates a degree of rehabilitation... He just has to show a bit more discipline and motivation going forward."
Judge Jenkins told Boston he was on "very thin ice" and if a supportive letter had not been written by his boss Mr Duggan the suspended sentence would have been activated. The judge said: "It is ironic that Mr Duggan says in the letter: 'He hasn't missed a single day which has impressed me very much.' It is a pity the probation service can't say as much on the order made by this court. It's this court order you should prioritise – not Mr Duggan. I appreciate he pays you £500 a week and the probation service pays you nothing. And neither should they. This is a punishment – not a job."
The judge imposed a £500 fine and £150 in prosecution costs which Boston must pay at a rate of £100 per month. Judge Jenkins told Boston that if there were further breaches of the order "you will be back before me and you know where you will be going". He added: "I hope that warning will be ringing in your ears because you won't get a second chance."
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