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Falmouth's Nathanial McIntosh has curfew lifted to go on month's holiday

By West Briton  |  Posted: February 07, 2013

By Ginette Davies

Nathan McIntosh

Nathan McIntosh

Comments (8)

A FOOTBALLER from Falmouth given a curfew for violence has had it lifted so he can go on a month's holiday.

The decision by magistrates to relax Nathanial McIntosh's curfew has been branded "ludicrous" by one victim of an unrelated crime.

McIntosh, of Prislow Fields, appeared in court last month charged with a public order offence in Newquay on August 21.

He pleaded guilty to using threatening, abusive or insulting words or behaviour with intent against three people and was given a 12-week prison sentence, suspended for a year.

A record of the hearing before magistrates at Bodmin, on January 22, said it was because of the level of violence, the "sustained attack included kicks which resulted in injury" and previous convictions – including an assault in 2010 when he received an identical sentence. They also ordered an immediate eight-week curfew, to stay at home from 7pm until 6am daily.

But the 23-year-old went back to court asking for an amendment saying he had already booked a holiday to Thailand.

Magistrates at Truro agreed, relaxing the curfew for the duration of the holiday, to begin again on April 3.

Alison Gilbert, of Penryn, had her home broken into last year – the offender, who was not McIntosh, was jailed.

She said: "It's absolutely ludicrous that the curfew has been relaxed and says the law is nothing; bends to suit you.

Harm

"If you have a pre-booked holiday it can be an inconvenience but what about the inconvenience to the people he has caused harm to?

"He should have thought about that before."

Peter Chapman, chairman of the Magistrates' Association's sentencing committee, said: "If the curfew clashes with work, a pre-booked holiday, a relative's wedding, or a job interview, magistrates can adjust the curfew as they see fit. The punishment imposed by a curfew consists of the number of days and hours on which the offender's liberty is restricted by having to be at home.

"If the magistrates wish the offender to suffer a financial loss, they will order a fine to be paid.

"They will not add to the punishment by forcing the offender to suffer additional financial losses from losing irrecoverable deposits."

A Ministry of Justice spokesman said: "Only courts can vary the requirements imposed under suspended sentence – this is solely a matter for them."

Last month McIntosh was also fined and banned from the road for drink-driving at three times the limit at Breage, near Helston, in June.

He previously played for Falmouth Town AFC but now plays for Wendron United.

Manager Paul Murray said: "Nathanial has always been a pleasure and I don't get involved in (players') personal lives."

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8 comments

  • chuckjaeger  |  February 07 2013, 4:56PM

    I think if I was the judge and found out he was going on a holiday to Thailand, never mind giving him time off of his curfew I'd award the trip to his victims.

    Rate   12
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  • elfa66  |  February 07 2013, 2:41PM

    I used to play darts for a local works team, but I wouldn't say I was giving anything to the community !!.

    Rate   9
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  • DogsDanglies  |  February 07 2013, 1:45PM

    @xamyamyamyx: ""..it does clearly say on here he plays football for a local team... wouldnt you take that as giving back to the community as well? ..."". Umm, nope! He plays footie because HE wants to, not to give anything back to the "community". Sorry, but if he's been found guilty it makes bog-all difference how "nice" a lad he is, the rest of us want justice to be done AND seen to be done. In this case, as in many others, it isn't. DD

    Rate   14
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  • xamyamyamyx  |  February 07 2013, 12:33PM

    as previously mentioned victims are not always so innocent.

    Rate   -9
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  • josdave  |  February 07 2013, 12:15PM

    What a joken our courts are. That will set a precedent for any other convicted criminal to go on holiday. As for the previous comment the victims do not seem to count to our so-called judiciary.

    Rate   14
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  • shagrats  |  February 07 2013, 12:00PM

    There are hundreds of charitys that work with and for offenders yet I think there is only one that works for victims. That says something about what we think of crime.

    Rate   12
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  • xamyamyamyx  |  February 07 2013, 11:55AM

    i know Nathan, i have know him for 8 years. he may have got into trouble in the past for being young and daft or whilst drinkin. Know where in here does it mention he is a loving family man with a son who he thinks the world of. I understand that he has hurt people but you cant always say the "victim" is innocoent by no means am i saying that the victim deserved this as i myself have been a victim of provoked and unprovoked violence. But before you put your "opinion" accross which i know you are entitled to you may want take things you read with a pinch of salt as this only shows him in a bad light, it does clearly say on here he plays football for a local team... wouldnt you take that as giving back to the community as well? He is a genuienly nice lad and i miss seeing him as he was so easy to talk to and genuienly cares!!

    Rate   -19
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  • Lafrowda  |  February 07 2013, 9:42AM

    This is a serial offender who must already be laughing at the law having escaped a custodial sentence. It would not surprise me to find that his housing benefit & social security is paying for the Thailand holiday. In other words the much abused law abiding taxpayer. The sooner we get a root & branch clear out of the Lib/Lab/Con way of running this country the better.

    Rate   15
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