April 10, 2012

A Cherbourg man had a suspended sentence for sexual assault extended for four months when he appeared in the District Court in Kingaroy this morning.

Lester Roderick Malone, 34, was originally sentenced to 12 months jail, suspended for two years, in April 2010.

The period of the sentence was due to expire on April 15 however he was brought before the court after he allegedly breached this suspended sentence.

Crown Prosecutor Alex Stark said Malone had been charged with two public nuisance offences and a breach of Cherbourg’s alcohol restrictions, ie being in possession of one stubby of full-strength beer.

The public nuisance offences involved “loud obscene abuse”.

Judge Gary Long said Malone’s difficulties obviously stemmed from his use of alcohol and this was something “you need to learn to control”.

He noted, though, that it would be unjust now to make him serve the whole period of imprisonment as the breaches had occurred relatively late in the sentence period. He also noted Malone’s employment record and the differences in magnitude between the breach offences and the original offence.

The possession of liquor charge was also not technically a breach of the suspended sentence as it could not result in imprisonment.

However Judge Long warned Malone that any further offending during the extra four months could result in him going to jail.

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