Warner's Budgens raider jailed

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Friday, July 03, 2009
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This is Gloucestershire

A FORMER drug addict facing jail for a violent attack broke into a shop in a bid to get cash to help his family while he was in prison, a court heard.

Michael Smith, of Lyneham Drive, Kingsway, burgled the Warner's Budgens in Quedgeley while facing jail for smashing a bottle into the face of another man and biting his friend on the neck.

Smith (pictured) was yesterday jailed for three years and nine months at Gloucester Crown Court after launching the unprovoked attack on Matthew Heaton outside Cheltenham's Embargo nightclub.

Six weeks later, while awaiting sentence for the attack, he broke into the Quedgeley store to steal cigarettes.

Lisa Hennessy, prosecuting, said Smith bit Mr Heaton's friend on the neck after he tried to come to the 23-year-old's aid.

Smith, 27, formerly of Binyon Road, Winchcombe, admitted unlawfully wounding Mr Heaton and common assault against his friend Warren Daniels on Jan 24 this year.

He also admitted the shop burglary on March 5.

Miss Hennessy told the court Mr Heaton, from Worcester, was on a night out in Cheltenham when he was attacked.

She said: "He was waiting at a side entrance of the club when out of the blue someone leaned over his shoulder and smashed a bottle in his face. This was followed by punches to the back and front of his head.

"He tried to fend him off but was again punched in the face.

"The fighting escalated and Smith ran off."

Mr Heaton suffered cuts to his face and lips.

Mr Daniels' neck injury was described as relatively minor.

Miss Hennessy said the shop burglary at Warner's Budgens was foiled as police heard the alarm sounding, checked CCTV and saw Smith and two others stealing cigarettes.

Smith, who was also sentenced for two thefts and one charge of criminal damage, had siphoned diesel from a lorry at Elmstone Hardwicke and a coach at Hanley Swan.

He was caught because his DNA was found in saliva on the hose used to siphon the fuel.

Carole Knotts, defending, said: "(Smith) himself has scars which he has suffered as a result of being a victim of violence himself so he can empathise with Mr Heaton and he apologises to him."

Smith had conquered his drug addiction but still had a problem with drink.

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