MAGISTRATES handed out a 12-week jail term to a man who flatly refused to undertake unpaid work he had previously been sentenced to.

David Menzes, 31, admitted a charge of domestic harassment last month and was ordered to undertake 50 hours of unpaid work, a building better relationships programme and 20 rehabilitation requirement days.

But Menzes, of Prince Charles Road, Colchester, was hauled back to Colchester Magistrates’ Court after failing to fill in appropriate paperwork at his first probation session and telling staff he had no intention of carrying out his punishment.

Menzes said he could not do unpaid work because he was employed as a delivery driver meaning he drove all over the country and also turned down evening probation sessions because he did not know when he would be home due to the nature of his work.

He admitted the breach when he appeared back at court yesterday.

Andrew Young, mitigating asked magistrates to re-sentence Menzes and hand him a curfew meaning he could not leave his sister’s home between 7pm and 7am.

He said: “He does not want to waste time or public money with this.

“He simply does not want to engage with probation because he does not think he needs to.

“Although he know full well it is not up to him to decide on his own punishment, I would ask you replace his unpaid work order with a curfew, or even impose a hefty suspended prison sentence in case he offends again.

“He had previously been working as a car delivery drive which took him all over the country, but he has since lost that employment.

“He says his sister would have no problem with the curfew being at her address.

“Although he pleaded guilty he has issues about the punishment he has been given.

“He does not want to go to prison but he realises it is a realistic option available to you.”

Magistrates refused to hand Menzes curfew and instead sent him to prison for a period of 12 weeks.

Menzes was told his wilful and persistent refusal to co-operate with the probation left the bench no choice.