A SCARBOROUGH man has been sent to prison due to his “poor attitude” towards a community order.
Nathan Phillip Brookfield Smith, 21, of Granville Road, is now serving a 14-day prison sentence after pleading guilty to failing to attend unpaid work appointments.
Smith appeared before Scarborough magistrates after failing to attend appointments on February 16 and 20.
The court heard Smith had been ordered to complete 50 hours’ unpaid work in November last year, however he had only done a total of 17 hours over the last five months.
Lesley Wray, of the probation service, told magistrates: “This is a second breach. He last breached on February 10, and was given an extra 10 hours of unpaid work by the court.
“He has failed to attend appointments on 16th and 20th and has continued since then to miss appointments. He last attended on March 12 while in breach but he left the work party with two others to go to McDonald’s. Its a real poor start to the order, which he is not completing. He seems to be attending when he feels like attending.”
Franklyn Garvey, mitigating, said Smith did not have an impressive report, and that “one can understand the probation looking at this in a very serious light when there seems to be a plethora of appointments that have been missed”.
Mr Garvey said: “The response from the defendant has been poor. He has advised me that there have been problems, some are a bit thin but others have some meat on the bone.
“He faces other serious matters that are due for trial at York Crown Court. He has pleaded not guilty and his mind has been focused very much on that particular matter. He has had problems with his benefits. They have stopped and he has been living a hand to mouth existence.
“All these matters compounded may have resulted in what has been a poor effort in this order.
“The court will take a very dim view of non-compliance, that is a point that has gone through to him.
“His priorities are totally in the wrong order.
“Although he is on a slippery slope he is going to get to the slipperiest part when he gets to his third breach. However I would say if there is a third breach that is when the court should revoke and resentence.”
However magistrates saw the latest breach as an unwillingness on Smith’s part to comply with the order, and decided to revoke and resentence for the original offence.
Smith was sentenced to 14 days in prison.