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Accused: 'Send me to jail or my ex will be killed'

By South Wales Evening Post  |  Posted: October 12, 2012

Swansea Magistrates Court

A MAN asked magistrates to jail him because he had been instructed to kill another prisoner, and if he did not his former partner would be murdered.

Darren Smith said he committed two offences because he needed to be sent to jail.

He said the life of his former partner and carer, Maxine Smith, had been threatened and the only way he could prevent her being hurt would be to land himself in prison and kill an unnamed person.

Smith, 36, admitted sending a threatening text message to Maxine Smith, who Swansea Magistrates' Court was told was his former partner.

He also admitted using violence to attempt to enter an address in David Williams Terrace, Port Tennant.

Both offences took place on October 9.

Prosecutor Lisa Jones told city magistrates that Miss Smith was sleeping at 4.30am when she was woken by her mobile phone.

She woke to find a message from Smith saying: "You're dead, you ****ing ****".

Smith had previously told Miss Smith he had convictions for violence and had previously served a 66-month sentence for manslaughter.

That offence took place in 2002 in Nottingham.

Mrs Jones said: "Due to his past she feared for her safety and believed this threat to be true."

He later returned to the house and started banging on the door.

Smith, who lives in David Williams Terrace, Port Tennant, had originally refused to enter his plea but after accepting legal advice he pleaded guilty to both charges.

Grayson Tanner, representing Smith, also said his client admitted committing the offences. "He told me he has been instructed or ordered to commit these offences to go to prison so that whilst he is in prison, that he is to kill a person he will not name to me.

"If he doesn't do that, these people will kill Maxine Smith, that's why he tells me he has committed these offences," said Mr Tanner.

He said Smith had instructed him that if magistrates imposed any alternative to custody, he would not comply with a community order or pay a fine.

"He would invite me to tell you he would like to be in prison," said Mr Tanner.

Magistrates agreed they would jail Smith for three months and granted a restraining order, preventing Smith from contacting Miss Smith when he was released.

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