A mum who breached a home curfew then blamed her dodgy internet signal today walked free from court.
Louise Whelan was handed an 18-month community order in October last year for a catalogue of "disgraceful" offences. They included threatening behaviour - when she claimed to have coronavirus and "threatened to infect" others - assaulting a police officer and a detention officer, and shoplifting.
As part of that sentence, the 31-year-old, of Rankin Street, Poulton, was hit with a four-month home curfew, between 7pm and 7am daily. But the serial offender today admitted failing to comply with the electronically tagged curfew.
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Liverpool Crown Court heard that was by notching up nine hours and 55 minutes of "time violations". Louise McCloskey, prosecuting, said there had also been "difficulties in gaining entry to deal with the electronic equipment" installed at Whelan's home.
Paul Becker, defending, said he had spoken with his client, who was "insistent that the problem in relation to the curfew was poor internet signal". He said: "Obviously I haven't been to her home address, I'm not quite sure what the difficulty with the provider is.
"She tells me she was present when the curfew was in place, but obviously there were internet problems. She understands it was her responsibility if there were problems with the internet to go to a different provider, where there would have been no problems."
Last October, the court heard Whelan had become "abusive" towards police in Rankin Street on March 31, 2021, when she claimed to have coronavirus and said she "would cough and spit at officers". Whelan was arrested and taken to Wirral Custody Suite, where again she told officers she had the virus and was described as "extremely aggressive and disruptive", having "flooded her cell with toilet water".
When a detention officer discovered she had put a jumper in the toilet, she swore and became abusive, then tilted her head back, when the officer "feared she was about to spit at her". She was also dealt with for shoplifting at The Range at Croft Business Park in Bromborough on December 4, 2020, when she walked out with a £15 pink pouffe.
On that occasion the judge, Recorder Richard Leiper, QC, handed Whelan the community order for those offences. However, he jailed her for four weeks for breaching a previous suspended prison sentence, imposed in March 2020, for shoplifting from Asda and escaping in her Mercedes.
Whelan, who the court previously heard has two young daughters, has been diagnosed with ADHD and suffers with anxiety and depression, appeared before Recorder Leiper again for sentence today. Ms McCloskey said a Probation Service report said Whelan's compliance with the rest of the community order had been "positive".
The prosecutor said there had been "only one failure to attend" since her release from prison. She said Whelan had completed 16 out of 25 appointments with "acceptable absences due to childcare difficulties".
The court heard Whelan had also been engaging "well" with Tomorrow's Women Wirral as part of a Rehabilitation Activity Requirement. The Probation Service asked the judge to allow the community order to continue, but to mark the breach, with a suggestion of unpaid work.
Mr Becker said Whelan was "very keen to complete the order" and 40 hours of unpaid work - the minimum that could be imposed - would be a "significant punishment". He said: "The defendant ensures the court there will be no further breaches."
Recorder Leiper asked about the alternative option of a fine. Mr Becker said: "The defendant is on benefits. I know she has children, she tells me she has about £5 disposable income left per week, so money is tight."
Recorder Leiper told Whelan: "You have accepted that you were in breach of the requirements, although you have offered some explanation for that. You realise that's an insufficient explanation."
The judge handed her 40 hours of unpaid work. He said: "You have been engaging positively with the Probation Service, which I commend."
Whelan previously avoided a prison sentence in July 2019 because of her children. She received a 15-month suspended sentence after being found guilty of hurling homophobic insults and threatening a man during a vile incident in Birkenhead.
In June 2020, Whelan was also found in breach of that suspended sentence, after being caught shoplifting in Birkenhead. On that occasion she was again spared jail because of her parental responsibilities.
In June 2021, Whelan was fined £2,000 for breaching lockdown rules by travelling 30 minutes from her home to McDonalds in West Derby in November 2020
She was previously fined £220 in April 2021 for breaking lockdown rules by driving over to Liverpool to find "fit fellas", in May 2020.
