A man who was spared jail for throwing a cat at someones face is now behind bars after failing to comply with the community order he received for the offence.
Andrew McCaffery, 24, of North Marine Road, was originally sentenced to an 18 month community order at Scarborough Magistrates Court for an assault in which he threw a cat at its owners face.
However six months later, he has now appeared back in court for failing to comply with the order, and to face a charge of being drunk and disorderly.
Magistrates heard this was the second breach of the order, having appeared in court in April for failing to comply.
On that occasion the order was allowed to continue, and according to probation McCaffery initially repsonded well.
However more recently McCaffery had once again failed to attend appointments without a reasonable excuse.
Then a day after a warrent was issued for his arrest, McCaffrey was arrested outside the Durham Hotel in Scarborough after shouting and swearing loudly at bar staff.
After hearing of the repeat failures to comply with his order, and the additional drunk and disorderly charge, Magistrates decided to resentence McCaffery for the original assault.
Katy Varlow, prosecuting, told the court the complainant had been at his home with a friend when McCaffery entered his property with two other males.
Mrs Varlow said: “The defendant was not known to the complainant but was known to the complainant’s friend. The defendant was extremely drunk at the time. however everything was going on accordingly.
“Then out of nowhere the defendent picked up the complainants cat and threw it at him. The cat landed on his face with its claws outstretched. The defendent then stood up and punched the victim causing brusing.
“The complainant left the room and the defendent was taken outside by his friends, where he lay in the street drunk.”
The court heard McCaffery had taken a cocktail of drink and drugs before going round to the victim’s house, and now regrets his “ridiculous” actions.
Franklyn Garvey, mitigating, said: “He told me he had a mixture of vallium and alcohol before he went out. Any additional alcohol wouldn’t have made his condition any better.
“He badly regrets the ridiculous action he took in picking up the cat. He appologises and is extremely remoresful for what happened.”
After hearing the evidence magistrates told McCaffery they felt the offences were so serious they were left with no other option than custody.
The chair of the bench told McCaffery: “You have a failure to comply with court orders, you failed to engage with the probation service who made every effort to accommodate you. You committed these offences while on a court order and we believe the assault is so serious that only custody was appropriate.”
McCaffery was sentenced to 18 weeks in custody for the assualt, with eight weeks to run concurrently for the breach of the order and no separate penalty for being drunk and disorderly.