A judge has refused to jail a violent pub customer – despite him pleading for custody because he was struggling to do unpaid work.

In a bizarre twist, scaffolder Marc Austin, 26, was denied his wish to have his suspended eight-month jail term activated after Judge Peter Hughes told him: “You're not going to choose your own sentence."

Austin was brought back to Carlisle Crown Court after he twice failed to turn up for the unpaid work that was part of his sentence.

The punishment was imposed last October after the defendant, of Westrigg Road, Morton, admitted an assault at the Royal Scot pub in Morton in April last year, and an offence of criminal damage.

The court heard earlier how the scaffolder delivered a flurry of punches to Zoe Green. The two clashed after somebody made what she perceived to be an insulting comment about her uncle.

The victim was said to have launched a “preemptive strike” against Austin, fearing he would attack her, and Austin then delivered four or five blows to her head. He was holding a glass, which shattered, causing her injuries.

In court yesterday, prosecutor Celia Pritchard said Austin, whose sentence included 80 hours of unpaid work in the community, failed without reasonable excuse to show up for sessions on January 29 and February 12.

She said: “He’d prefer the suspended sentence to be implemented on the basis that things are taking a long time to be resolved when he has to work and balance his commitments to the order and his domestic circumstances.”

Greg Hoare, for Austin, said he had pointed out that even after serving a jail term Austin would still be under Probation Service Supervision for a year. Despite this, the defendant wanted to go to jail.

“His view is rather unusual to say the least,” said the barrister.

Judge Hughes told Austin, the father of a young baby, that going to jail would hardly help his domestic circumstances.

“I've been on probation nearly three years running now,” interjected a miserable looking Austin from the dock.

Addressing him directly, Judge Hughes said: “Are you really saying that you want to spend spring and summer in prison? I’m not going to take that course. You can't treat the court with such contempt.

“To keep someone locked up in prison costs the general public a huge amount of money. You have a responsibility to society and to your family. You've admitted breaching your order deliberately.

“I'm going to add 10 hours to the unpaid work order and indicate to the Probation Service that they must strictly monitor this order. You've got to understand you are a grown man and you have responsibilities.

“You’re not going to choose your sentence. Just grow up and act responsibly.”

Austin must also pay £100 towards the cost of bringing the case back to court.