A COURT says it has been left with “no choice” but to extend the unpaid work order element of a Powys man’s previous sentence for a second time, because ill health is why he hasn’t yet completed it.

Paul Anthony Smith, 41, was originally handed a 12-month community order last July for assaulting an employee of a company who had come to fit him with an electronic tag in relation to a previous court order. That offence had occurred in January 2022.

In September of last year though he was hauled back before Llandrindod Wells Magistrates’ Court for breaching the order – by twice failing to turn up for probation appointments.

As part of the order, Smith was told to complete 60 hours of unpaid work. He has completed just 12 hours and appeared before magistrates again on Wednesday, February 15, for yet another breach.

Smith, of Mill View Close, Howey, admitted failing to attend unpaid work on December 18 and failing to attend a probation appointment four days later, as well as failing to provide acceptable evidence for his absences.

Probation officer Donna Davies told Wednesday’s hearing: “This is the second breach of this order. He has 48 hours of unpaid work outstanding, with five months left to carry them out.

“The court could add additional hours and extend the order by six months.”

Andrew Issac, representing Smith, suggested that magistrates impose a suspended prison sentence order, due to the fact Smith suffers with ill health.

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“The court will be aware he has some quite considerable health problems, he was fitted with a pacemaker several years ago due to suffering a heart attack,” said Mr Isaac.

“He indicates he finds it very difficult to work and get up in morning due to ill health. I have said he needs a letter from his GP confirming he is unfit to work. It would be needed realistically.

“I would ask you to revoke the order and resentence him. I would even suggest a suspended sentence order.”

Chair of the bench, Lorna Jones, told Smith: “You have to comply, otherwise it will be custody. If you’re unfit to work you need a doctor’s note stating why you’re unfit and take that to probation.

“We have no choice but to extend this order for 12 months and impose an additional 30 hours.”

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The current order Smith is the subject of was put in place following a January 2022 assault on a man who had attended Smith’s home to fit him with a tag after a curfew order was made as part of his punishment for previous offences.

The assault occurred because Smith feared a fault with it would kill him, as he wears a pacemaker.

The assault on Roger Ford, which Smith originally denied, had put him in breach of another court order – one he was given after being seen cycling through the streets of Llandrindod with an imitation gun in April 2020.