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Jail threat for man who skipped work
4:30pm Friday 18th October 2013 in News
A MAN who decided to lay his mother’s patio rather than turn up for community service has been warned he could be jailed if he does it again.
David Mundy was spared jail earlier this year after he left a New Year’s Eve reveller with a chunk of ear hanging off when he slashed him with a shard of glass.
Instead of being sent to prison in April the 24-year-old was put on a suspended sentence and told to do 200 hours of unpaid work.
But last month, having already missed a previous work session, he decided to work on his mother’s garden instead of turning up for unpaid work.
Charles Gabb, prosecuting, told Swindon Crown Court Mundy, who failed to show for work on Sunday September 22, still had just under 80 hours left to do.
He said: “The excuse the defendant gave: he chose to do his mother's patio rather than do the work as directed."
He received the 10-month jail term, suspended for 18 months, after he admitted unlawful wounding.
Rob Ross, defending, said: “The important thing that the court will want to know is this man has not re-offended in any way.”
He said the offence took place in the early hours of New Year’s Day 2012, and Mundy has not been in any trouble since then.
He said he had been working full time as a bricklayer on a building site in the Salisbury area.
"He is a skilled man who made a mistake nearly two years ago, and he made a mistake in deciding to try and sort out his mum's patio rather than go to unpaid work that day,” he said.
“To give him his due he told the truth about why he missed the appointment. He has made a silly mistake.”
Recorder Michael Vere-Hodge QC said: “Any breach of a suspended sentence order and the requirements of it is a very serious matter and anyone who does breach it runs the risk of the sentence being activated.
"I am not going to as this is a first breach and you have not committed any other offences.
“Should there be another breach another judge will think the time has come that you have not learned the lesson of the suspended sentence.
“Some might think you were fortunate to get the suspended sentence.”
He ordered Mundy to do a further 14 hours of unpaid and gave him two weeks to pay £100 towards the costs of the case.
Mundy was seen on CCTV picking up the shard of broken bottle from the ground during the drunken incident before lashing out.
As a result his victim nearly lost a chunk of his left ear and suffered a five centimetre wound during the incident on Manchester Road.
A judge decided to suspend the jail term after hearing the defendant had been attacked by the victim's group and hit with a bottle.