A MAN who has had his prison sentence extended for using a mobile phone while in custody claimed he used it to speak to his terminally ill grandfather and the mother of his newborn baby.

Daniel Kellaway, 26, pleaded guilty possessing an item, namely an iPhone, without authority while at Guys Marsh prison in Shaftesbury on April 4. He also breached a suspended sentence in doing so.

He appeared at Bournemouth Crown Court for sentencing.

Prosecuting, Ieuan Callaghan told the court Kellaway was given a five-year sentence in 2016 for drug offences.

He said: “He was released from prison at the halfway point. On September 16 he was convicted for an offence of dangerous driving, for that he was given a suspended sentence of 15 months, suspended for 24 months.

“On October 31, 2020, he was recalled to custody for the original matter, it was then on April 4 he committed the offence for which he stands before the court today.

“He was a serving prisoner at Guys Marsh, at approximately half past five prison officers entered his cell and asked if he had anything he shouldn’t.

“He handed over a white iPhone and a charger. The search also recovered three SIM cards wrapped in cling film.”

Mr Callaghan told the court Kellaway had 22 previous convictions for 56 offences, one of which was using a phone while in prison.

He added: “The court must have deterrence in mind when sentencing these sorts of offences.”

Mitigating, Ed Wylde said the defendant had a “troubled upbringing” and was raised by his grandparents.

He said Kellaway had recently become a father and was using the phone to remain in contact with the mother of his child and his terminally ill grandfather.

Kellaway was also spending his time in custody “thinking about his mistakes” and he “wants to change his life for the better”.

The defendant, addressing Judge Keith Cutler, said: “I would like to start by admitting my guilt and expressing my understanding, it was foolish, if I could go back in time, I would not do it again.

“I was mainly raised by my grandparents and my grandfather is now terminally ill with cancer.

“Having the phone would allow me to see them which I would not have been able to do otherwise.

“The phone was not used for further criminal activity, this doesn’t excuse it.

“I have now got to face my grandparents’ disappointment.”

He added: “I must take responsibility for my actions and face whatever consequence the court sees fit to give.”

Judge Cutler sentenced Kellaway to eight months imprisonment for possessing the iPhone and four months for breaching the suspended sentence to be served consecutively.

He said: “It is part of the system that when you are sent to prison sadly, perhaps, that you get deprived of your liberty and also your home comforts and frequent contact with those that you love.

“It is not just a question of reducing criminality, it is all a part of the punishment.

“For many, if they always had a phone, it would perhaps be a more bearable process. It is a serious offence to have an iPhone.”

An order to forfeit and destroy the phone, charger and SIM cards was also imposed by the judge.