A Swindon knifeman who was sentenced earlier this year for having a weapon, cannabis and heroin, has found himself back in court after failing to follow orders.
Peter Lusty, of no fixed abode, was sentenced to a community order on January 26, with requirements to attend probation appointments, after he was caught with a lock knife in Shepperd Street Accommodation.
The probation service says the sentence was not successful, as the 39-year-old has failed to show up to his mandatory appointments and has fallen back into a spiral of drug abuse.
"He is of no fixed abode and has no telephone," prosecutor Mr Ashley said.
Defence lawyer Mr Bailey pointed out that Lusty had planned to get some accommodation when he was released in January, but "couldn't get in" and has since become street homeless.
"He has been rough sleeping since January and that set him back," said Mr Bailey.
"He was in a dark place and not thinking clearly.
"He is asking for the opportunity to have a final chance with probation. He wants to get drug-free and stay drug-free."
Judge Townsend made it clear that Lusty's current community order is not working and there would be no point in continuing it.
Instead, the judge has chosen to issue a suspended prison sentence, which will hang over the Swindon man for 12 months.
If he reoffends within the next 12 months or continues to breach his order, he will be sent to prison for four months.
This, along with a probation requirement, will replace his old community order.
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"When you were asked by the judge in January whether you would comply, the response was yes, 100 per cent," said Judge Townsend, addressing the defendant.
"The reality has been 0 per cent.
"I'm in a difficult position because I know you have some difficulties, so I have decided to impose a suspended sentence order.
"This is a last chance as far as you're concerned. If you don't cooperate, you will be going in to serve a prison sentence."
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