A man who lunged at and a spat at a police officer has succeeded in reducing his sentence.
Lee Bamber, 40, was arrested at Riverside Housing, Leigh, on November 5 last year after staff tried to refuse him entry.
Bolton Crown Court heard how he had recently been released after a previous sentence at the time.
Megan Edwards, prosecuting, said: “Upon arrival, police found him on the floor of the communal area where he appeared to be under the influence of alcohol.”
She told the court how Bamber, of Chapel Street, Leigh, was arrested and became aggressive when the police called a transit van.
She said that Bamber, who has 13 previous convictions for 23 offences, told one of the officers “you are a nonce, I will follow you home.”
He then appeared to fall asleep but then seemed to wake up and lunged at an officer, spitting in his face after being restrained.
Bamber eventually pleaded guilty to assaulting an emergency worker and being drunk and disorderly in a public place and was sentenced to 20 weeks in prison by magistrates.
He was also ordered to pay £150 compensation.
But Peter Wilson, defending, argued that Bamber’s crimes had not been committed as part of a group activity, that he had not been using a weapon or threatening to do so and that he had not attacked a “vulnerable” victim.
He said: “In any event, if it were to stand alone then 20 weeks is far too excessive.”
Mr Wilson told the court how Bamber had suffered significant personal losses and mental health issues in recent years but had been working on his difficulties with alcohol and at “better thinking.”
Judge Timothy Clayson reminded the court that Bamber had committed similar types of offences in the past and about the serious consequences that spitting at someone in that way can have.
He said: “There was an obvious intention here to cause the victim fear of transmission of a disease.
“But the actual harm caused to the victim was not great, however unpleasant the experience must have been.”
Judge Clayson and his colleagues agreed to substitute the 20 week sentence for one of 10 weeks but ruled that the compensation order would stay in place.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article