Fly-tipper jailed following Council investigation

An 18 month investigation by Amber Valley Borough Council has helped jail a fly-tipper who pleaded guilty to 10 offences when he appeared before Southern Derbyshire Magistrates.

Richard Oakey, 31, of King Street, Ilkeston, was sentenced to 30 weeks in prison by Southern Derbyshire Magistrates, for offences in Derbyshire and Nottinghamshire committed between July and November 2015.

Amber Valley worked with Erewash Borough Council, Derbyshire Dales District Council and Ashfield District Council and led the prosecution which resulted in the jail term and a Criminal Behaviour Order (CBO) being given against Oakley.

Council officers investigated seven fly-tipping offences in Amber Valley and assisted the other Councils with their investigations. All involved Oakley advertising on Facebook a service, that he referred to as ‘tip runs’. He advertised under different names including Rich O’Shea and Rich Stevens.  He charged for this service and was technically running a business.  He attended addresses in his private vehicle, collected waste, then disposed of it by fly-tipping across Derbyshire.

Oakey attended two interviews under caution during the period of his offending and denied the offences, stating he did not fly-tip the waste but accepted that he had collected the waste. He admitted to a number of the victims that he had fly-tipped the waste and evidence of this was put to him in interview, he refused to answer those questions.

The clear up costs for all the Councils totalled some £2,939.60.

Sentencing Oakey, District Judge Taft remarked: “These are serious offences which deserve the imposition of a custodial sentence.  There was a prolonged period of activity and the activity was carried out for economic gain.

“You are not a stranger to the court and your previous convictions, though of some age, do aggravate. You have significant convictions which are a matter of dishonesty, and you have been dishonest and shown a breach of trust; firstly, by obtaining wages whilst not declaring them to the Benefits agencies; secondly, advertising on Facebook and in a position whereby you used different names and implied you would deal with waste properly and legitimately; thirdly, whilst under investigation you carried on offending.

“This is not a victimless crime, there were those who paid for your services and the community at large. There is a scourge of fly-tipping in the country. The clear up costs amount to thousands of pounds for councils, provide a visual eyesore for members of the public and affects the daily quality of life.

“The message is that if you fly-tip you run the real prospect of going into custody. Councils will investigate and this court will back them up.”

The Judge also told Oakley that he was imposing a CBO because he showed deception and financial greed while under investigation. The CBO means he will not be able to;

  • Advertise services of waste collection, removal, disposal on the internet or anywhere else unless in possession of a valid and appropriate waste carrier’s licence
  • Collect waste from persons for a fee or otherwise unless in possession of the licence
  • Dispose of waste at any location other than a designated waste and recycling centre.

He continued: “The scale of your offending is breath-taking.  You showed arrogance that you felt you could do what you wanted and there would be no comeback.”

In addition sentencing Oakley to 30 weeks imprisonment – half of which he was told he will serve – he ordered Oakley to pay a Victim Surcharge of £80 and said he would be supervised by Probation on release.

For further information please contact Natalie Osei, Litigation Solicitor at Amber Valley Borough Council on 01773 841 447.

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