'Stroppy' man living in tent asks, 'how long will I get in prison?' when asked by judge if he wants to go to jail after breaching court order

Homeless Ryan King pitched up a tent in scrubland near Fareham leaving him isolated and heavily reliant on his mum acting as a go-between on his behalf with probation.

The ‘tricky’ 33-year-old breached a community order following his sentence for assault by beating, possessing an offensive weapon in a public place, affray and criminal damage.

Portsmouth Crown Court heard King had failed to attend an appointment following the 18-month community order he was handed in May.

Prosecutor Timothy Compton said King was ‘living in a tent in scrubland’ and had breached his order.

Judge Richard Shepherd laid bare the two options open to him - re-sentencing the defendant for a community order or sending him to jail.

The judge said: ‘It’s not the first time you have been in breach. Probation find you tricky and I find you tricky.

‘Probation can only do so much. I can re-sentence you to imprisonment even if it is harsh. The benefit to you is that you will not be living in a tent which is no good to anyone.’

Judge Shepherd went on to outline the second option of a community order amid further criticism of King’s behaviour during a previous court appearance.

‘The community order is in your hands. I understand your mental health plays a part in how you are to other people. You came in (to the previous court hearing) stroppy and we had to have words so I can imagine what you are like with probation,’ he said.

After going on to accuse King of being ‘difficult to deal with’, the judge said: ‘I am prepared to extend the order but only if you tell me you will make the decision to want to engage. It’s on you.’

King, considering his options, replied: ‘How long will I get in prison?’

Judge Shepherd answered: ‘I don’t know. I’ve not heard mitigation yet. If you make the decision (to engage) your future will be better than living in a tent in scrubland.’

King said he had been saving money for a flat but felt he would ‘always end up in a tent’ and was ‘stuck in the same situation’.

But when pushed, King confirmed he would prefer to ‘carry on’ with the community order.

Judge Shepherd agreed but insisted there must be a ‘change’ in attitude before asking probation to offer King with as ‘much help as possible’ especially with finding him accommodation.

The previous order was revoked before King was handed a 12-month community order with 12 rehabilitation days and monthly reviews by the judge for the first six months.

‘You’ve used every bit of credit you’ve got. This is on you to make it work,’ judge Shepherd added.

‘I wish you the best to get proper accommodation as it will make a real difference.’

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