Preston man who admitted making threats to kill had his sentencing put off to allow for further investigations
A Preston man who admitted making threats to kill has had his sentence hearing put off for two months for further investigations into the case against him.
Beau Mulley was expected to be dealt with at the city’s Crown Court this week after also pleading guilty to strangulation and possession of cannabis.
But when the 37-year-old appeared before Judge Paul Hodgkinson he was told a witness statement suggested the evidence needed to be looked at again to make sure he had entered the correct plea.
Mulley, of Bowlingfield, Ingol, will now have to remain in custody until May 5 before hearing his fate.
The court was told that a trial of issue – where a defendant pleads guilty but disputes some of the facts – could be necessary first to assess if there are grounds for a change of plea. If the guilty plea stands then a pre-sentence report will need to be drawn up.
Barrister Ellie Watson, representing Mulley, told Judge Hodgkinson that, having spoken to her client “there may well need to be a basis of plea in this case”.
She claimed the attack he was accused of was “not unprovoked – there was a background to it”. And she agreed with the need for an adjournment to decide whether Mulley’s plea was the right one.
She also said a pre-sentence report needed to be produced before the judge could pass any subsequent sentence.
The defence has been given seven days to explain why there should be a trial of issue and then the Crown Prosecution Service will have a week to respond. If it is found to be necessary then a trial of issue will be held on April 7.
Judge Hodgkinson told Mulley: “Unfortunately your sentence cannot proceed today because I am told there is a basis of plea that may have a material effect on the sentence that this court passes in relation to offences you have admitted.
“The Crown will decide whether they accept the basis of plea or they do not.”
He ruled that a preliminary hearing would be held on March 20 “to take stock of where we are to establish whether we need a trial of issue or it can proceed (to sentence)”.
Mulley was told to keep in close contact with his lawyers over the next few weeks while decisions are made.
Judge Hodgkinson said: “If you don’t make yourself available it (the hearing) may proceed in your absence and it would not be in your interests.”