Babysitting duties enough to land convicted Leeds lorry driver behind bars for a month

Babysitting duties landed a Leeds dad behind bars after he was ordered to stay away from his ex partner’s home.
By Nick Frame
Published 5th Dec 2023, 16:30 GMT
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Ben Nicholson was given a suspended sentence and a restraining order earlier this year for attacking the woman, meaning he was not permitted to contact her. But the pair agreed to allow Nicholson to look after their children at her address in Morley, Leeds Crown Court was told.

Prosecutor Felicity Hemlin said the police were called to the address on Rydal Crescent on November 1 when Nicholson opened the door and told them he was there to look after the two children, who were asleep upstairs. He was subsequently arrested.

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The couple had separated in May but 30-year-old Nicholson would often stay at the property. He was sentenced on May 19 at Leeds Crown Court for causing actual bodily harm on the woman and stalking without fear of violence. He was given 39 weeks’ jail, suspended for 24 months. The indefinite-length restraining order was then imposed in June.

Nicholson, who was banned from the house, was caught babysitting at the property and was remanded into custody. (pic by National World / PA)Nicholson, who was banned from the house, was caught babysitting at the property and was remanded into custody. (pic by National World / PA)
Nicholson, who was banned from the house, was caught babysitting at the property and was remanded into custody. (pic by National World / PA)

Nicholson, who has five previous convictions, admitted breaching the order, which consequently put him in breach of his suspended sentence. He has been held on remand since the start of November and appeared in court via video link from HMP Leeds.

Mitigating, Celine Kart said: “It’s conceded that it’s a deliberate breach but it was an agreement between the parties to care for the children. He is remorseful, but regardless of whether it was an agreement, he was acting in the children’s best interests.”

She said he was now living with his mother, and worked as a wagon driver to provide for his children. A probation report found that he has completed 40 of 60 hours of unpaid work that he was given as part of his punishment in May, but was yet to start the domestic violence awareness course.

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Judge Kate Rayfield opted not to lock him up, but gave him a new community order, an additional 60 hours of unpaid work and ordered him to complete the awareness programme.

She said: “I’m mindful that she gave you permission to be there, and I’m aware it’s the first time you’ve been in custody, which must be pretty gruesome for you. I recognise you work full time and provide financially for your children.”