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11

Oct 2022

Last Updated: 11/10/2022
Crime
Crime

Former solicitor breached restraining order in Harrogate

by Vicky Carr

| 11 Oct, 2022
Comment

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Richard Wade-Smith, 66, appeared at York Crown Court this morning to be sentenced after pleading guilty to the breach last month.

york-crown-court-2
York Crown Court.

A solicitor from Harrogate has been remanded in custody after breaching a restraining order preventing him from contacting his ex-wife.

Richard Wade-Smith, 66, appeared at York Crown Court this morning via video link from HMP Hull to be sentenced after pleading guilty to the breach at York Magistrates Court last month.

The court heard he had previously been sentenced to a community order and restraining order on September 15, after ramming his car into his ex-wife's house at Slingsby Walk, near the Stray in Harrogate. He had admitted harassment causing fear of violence, damaging property, and drink driving.

Just four days after being sentenced, he breached the order, turning up at his ex-wife's house as well as visiting her neighbour.

Prosecuting, Kelly Sherif said:

"[His former wife] said that 'I knew that when Richard was released, that he would not abide by any orders and here we are, four days later...
"I sit in my house with the curtains closed, too scared to venture outside in case I see him'."


The prosecution said Wade-Smith had knocked on his ex-wife's door at 8.15am, but left when she failed to answer. He then returned at 10.30am and knocked, as well as calling to his wife and saying it was "Susie" at the door.

When she recognised his voice and again did not open the door, he went to the neighbouring house. The neighbour answered the door but told him he should not be there because of the restraining order.

Wade-Smith said he had nowhere to go, but the neighbour repeated that he was not allowed to be near his ex-wife's home.




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In mitigation, Alasdair Campbell told the court Wade-Smith had been unable to access temporary accommodation following the sentencing on September 15.

It had taken a long time for arrangements to be made for him to leave HMP Hull, by which time Harrogate Borough Council's offices had closed and he was unable to get a place at a homeless hostel.

He slept rough that night and the next night, then paid "a lot of money" for a hotel the third night. He slept rough again the following night, but woke up in hospital, having been drinking and apparently been robbed, with his bank card and cash taken.

Recovering alcoholic


Wade-Smith, a recovering alcoholic, admitted breaching the restraining order, though he argued he had only visited his former wife's home once.

Mr Campbell said:

"When I asked him why he did that on that particular occasion, my instructions are that, faced with what he was going through, [he chose] the option of breaching the restraining order to get himself locked up so he had somewhere to stay that night...
"In hindsight, it may have been a foolish option.
"If someone is prepared to breach a serious court order, it does give one some idea of the desperate position he perceived himself to be in."


Judge Sean Morris, the Recorder of York — who heard Wade-Smith's original case in September — adjourned sentencing until November to allow a full victim impact statement to be taken from Wade-Smith's former wife.

He told Mr Campbell that Wade-Smith should have gone back to the council the day after his release to access the hostel place that had been arranged for him by the court.

He added:

"He isn't stupid, this man. He should have gone the next day."


Wade-Smith is due to be sentenced on Friday, November 18.