Man who smashed window at Caffe Nero in South Shields with wine bottle owes over £10,000 in court fines

Michael Fox, 43, threw it at another man in an argument outside Caffé Nero in King Street, South Shields, at 9.30am on Friday, February 7.

Fox, of Australia Grove, Brockley Whins, South Shields, had just been asked to leave for swigging wine onsite.

Outside, jobless Fox twice had a chair thrown at him by an unidentified joint-aggressor – and tossed the bottle in retaliation.

Magistrates in South Tyneside heard he missed his target but shattered the double glazed pane, his actions being caught on CCTV.

He was also found in possession of a knife by police who rushed to the scene after a 999 call.

Tony Hewison, chair of the bench, told him: "This incident doesn’t cover you in glory, in fact it’s actually quite appalling. You could have killed him.”

Jailing Fox for 26 weeks, but suspending the sentence for 18 months, he added: “We’ve batted for you on this side, but another bench may not.”

Prosecutor Lesley Burgess said: “The manager had to dial 999 due to an argument in the street. She heard a loud smash.

“The double glazed window glass was smashed. The damage was caused by the wine bottle.

“Mr Fox had been asked to leave Caffé Nero for drinking from the wine bottle, which obviously wasn’t allowed.

“CCTV is described as showing Mr Fox throwing the wine bottle.

“The other suggestion is that the other person had picked up a chair and Mr Fox picked up the wine bottle, he missed the other person.”

The court heard Fox had two convictions for possession of a bladed article in public in 2000, the second earning him four months behind bars.

Geoffrey Forrester, defending, said Fox should not be jailed for “the sins of 20 years”.

He added: “The defendant is someone who has had a host of issues.

“He has an alcohol addiction. He drinks a considerable amount each and every day. He also has drugs' issues that he’s trying to defeat.

“The article was a blade that he had put some tape around and was not to harm anyone, it was to cut up drugs, and that was why he had it in his pocket.

“There is no suggestion that he’s threatened anybody or waved it about.

“Give him an opportunity. If he takes the opportunity, everyone benefits, if he doesn’t then he loses. Give him the chance, if he doesn’t take it, so be it.”

Fox pleaded guilty to causing criminal damage and possession of a knife in public.

Magistrates heard he is currently paying back £10,500 to the court from previous convictions.

They were told the starting point for the weapon offence was six months’ jail.

Fox was handed an 18-month rehabilitation order which includes 30 days of rehabilitation work with the Probation Service.

He must pay a £122 victim surcharge but was not ordered to pay compensation to Café Nero.

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