A MAN from Tadpole Garden Village who spat at a police officer as she tried to arrest him has been given a curfew.

Russell Bastow was on licence from prison at the time of the offence, which saw him grab the police officer’s hand, spit at her and cause the officer to fear that he would headbutt her.

After he was taken back to the police station, the 42-year-old, who had been drinking for four days without sleeping, said he had been “acting like a d***” and was also ordered to pay compensation to the officer.

It was heard at Swindon Magistrates’ Court on Friday (February 4) how PC Kelly Moffat was called to Manchester Road on Sunday, January 2 to reports of an assault, involving a male and female.

After being told they had left in the direction of the bus station, Bastow, of Millais Close, was identified by the officer, who knew him.

“She says she could tell by his face and body language he was under the influence of alcohol or drugs,” prosecutor Keith Ballinger told the court, referencing that he had spit on his face and his eyes were glazed over.

PC Moffat tried to keep the two parties away from each other, but “it was clear he wasn’t going to comply”, with the defendant telling the office to “f*** off”.

“She arrested him on suspicion of common assault. When she grabbed hold of him, he grabbed her hand which caused her pain,” Mr Ballinger continued.

“Having been arrested he continued to swear, she described him as spitting but didn’t think it was intentional, due to his intoxication and aggressive behaviour.”

She told Bastow, aged 42, to stop spitting, to which he replied: “I’ll spit at you in a f****** minute.”

“Spittle connected with her forehead and cheek. He is taken back to the police station, he remains silent and answers no comment,” Mr Ballinger said, adding that he went on to divulge he had been drinking for four days with no sleep and admitted he had been “acting like a d***”.

In the end, there was no complaint made about the alleged assault that resulted in the police being called.

Bastow, on licence having been given an 18-month jail sentence last January, was considered for a recall to prison, but it was decided not to do that because he had been in hospital.

In the court hearing, it was heard how he burgled a home in Badbury Park, knocking the victim’s late father’s ashes to the ground, whilst stealing an engagement ring and £700 in cash.

But Judge Jason Taylor QC heard that day how he had turned his life around and opted to jail him for less than the statutory minimum for a three-strike burglar, saying: “I have no doubt, Mr Bastow, that even though you reverted to type and went back to something that was relatively easy and familiar to you, you can turn your life around and I sincerely hope you manage to do that.”

Probation officer Michelle James added in Friday’s hearing: “Looking at the records he is currently engaging as required, attending appointments on a weekly basis.”

He had been due to appear before the court on Wednesday, but failed to attend and a warrant was issued. He was arrested on Thursday afternoon, and taken straight from custody to the courtroom on Friday morning.

Sentencing, magistrates decided the “aggravating factors” of spitting took the offence from a fine to a community order.

He was given a 12-month order, during which he will need to take part in 15 rehabilitation activity days, and will be subject to a four-week curfew between 8pm and 8am.

Bastow must pay £75 in compensation to the police officer, and was fined £50.

Before he was released, chair of the bench, Maryanne Burton, said: “This is up to you, we’ve put you on the community order. We can only give you so much help, you’ve got to come to the party.”