'Stupid' biker breached ban by riding down ex-partner's street in Sunderland

Gary Hay, 35, rode his machine close to her home in Morgan Street, Southwick, Sunderland, just as she was exiting with their child.

Hay, of Maypole Close, also Southwick, claimed he did not know he was barred from her street and was only taking his bike to his uncle’s garage in the same avenue.

Deputy District Judge Nickolas Hayles heard the defendant had not caused any issues during the incident on Sunday, June 21 – and may not have even seen her.

It came just six weeks after the non-molestation order was granted to her in his absence, South Tyneside Magistrates’ Court was told.

But Judge Hayles was told she was so spooked by his fleeting, unwanted appearance she asked a friend to visit and leave with her.

He told Hay, who admitted breaching the order: “You pleaded guilty, you’ve no previous convictions. There’s no threats, no violence, stupid, that’s all.”

Prosecutor Lesley Burgess said: “The complainant describes leaving her address and that when she looked out the door, she saw the defendant in Morgan Street.

“He’s not allowed to go in that street. There’s no contact made, it’s merely the fact she sees the defendant.”

The prosecutor added: “She went inside and contacted a friend who has come over and they have gone out together, for safety."

“What would aggravate the matter was that the order had been recently put in place.

“The crown would have to concede that there’s no threats made, but he has breached. The crown would say it was deliberate.”

Ian Cassidy, defending, said: “The order was made by a court when he wasn’t there.

“There’s five points to the order and he just didn’t pick up that he couldn’t go to Morgan Street.

“His uncle has a service garage in Morgan Street, and that’s where Mr Hay keeps his motorbike.”

Judge Hayles refused a prosecution application to impose a restraining order.

He handed Hay a six-month community order, with a requirement of 10 days of rehabilitation work with the Probation Service, and there was £85 court costs and a £90 victim surcharge.

The court heard the non-molestation order was imposed on May 5 and expires next November.

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