A MAN was spared jail despite breaching his suspended sentence and committing a third offence of theft in Rhyl in six months.

Andrew Nicholson, 41, of no fixed abode, was handed a one-year community order and nine months of drug testing and rehabilitation requirements (DRR) at Caernarfon Crown Court today (April 18).

He had received a 19-month prison sentence, suspended for two years, on February 15 due to being concerned in the supply of class A drugs.

This suspended sentence also included 50 days’ rehabilitation activity and 200 hours’ unpaid work.

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Prosecuting, Thomas McLoughlin told the court that, on the day of his sentencing, Nicholson was directed to attend a probation appointment on February 20.

On February 20, he contacted the probation service, apologising for his absence.

He then missed further rescheduled appointments on February 21, 22, 27 and 28, and on March 1 and 7.

Nicholson’s explanations for his absences included his lack of financial means, issues with the benefits he received, and his need to register his new-born daughter’s birth.

And while Mr McLoughlin said that Nicholson’s compliance with probation appointments has since improved, he has yet to complete any of his rehabilitation activity and unpaid work.

On April 10, Nicholson, who had 11 previous convictions for 23 offences, then stole four bottles of whisky from the Co-op store in Rhyl, worth a combined total of £73.

This was the third time he had stole alcohol from this store since last October, and by April 10, he had already been prevented from entering the shop courtesy of his bail conditions.

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Defending, Sarah Yates said that Nicholson has “rather buried his hand” since his daughter was born two months prematurely in January, and was subsequently placed into foster care.

His daughter was also said to have suffered health problems, which left Nicholson living a “rather chaotic” life and in a state of “panic and flux”.

By the time he stole from the Co-op on April 10, Ms Yates said, he and his partner had lost their temporary accommodation, and were essentially homeless.

Nicholson stole the alcohol, she said, in a bid to sell it so as to afford food and, potentially, a place to stay.

He was said to have had an addiction to both heroin and crack cocaine for eight years, and had been remanded in custody since April 11.

But Ms Yates said he has been making “good progress” and “using his time wisely” in custody, with his ability to re-engage with probation the “one light at the end of the tunnel”.

With this in mind, she invited the court to afford Nicholson “another opportunity”.

Sentencing, Recorder John Philpotts told Nicholson that the chronology of his case made for “very sorry reading indeed”.

The probation service had “bent over backwards” to accommodate him, he said.

Recorder Philpotts also ordered him to pay a £114 statutory surcharge.

He told Nicholson: “You could not have complained if I had done as I intended to initially, which was to activate the suspended sentence.

“You are getting one final chance. If you fail to comply with the terms of this sentence, I’m going to ask that this case is reserved to me. If it comes back to me, you’ll go to prison.”