District judge tells Wigan drug offender he is 'extremely lucky' after escaping jail again

Pemberton, who previously avoided going to prison for assaulting his pregnant girlfriend, appeared in the dock at Wigan and Leigh Magistrates' Court and pleaded guilty to possession of cocaine.

The Class A drug had been found at a police station last December.

Pemberton, 35, was also in court over another accusation of assault by beating, but that charge collapsed when the prosecution was unable to offer any evidence.

Despite that, district judge Mark Hadfield said the drugs offence alone put him in a grave position due to the suspended sentence imposed for punching his partner in the stomach in a brutal assault.

He told Pemberton, of Ormsby Close in Standish, he could not recall another case of someone breaching a suspended sentence twice and not being imprisoned.

However, following submissions from defence solicitor Nick Lloyd, the district judge decided to give Pemberton one final chance to work with the probation service.

Mr Hadfield said: “I have been urged that it would be unjust to activate the suspended sentence. On balance, just about, I have decided not to do so. You are extremely lucky.”

Prosecuting, James Gore told the court the amount of cocaine found was consistent with personal use.

Mr Hadfield ordered Pemberton to do a further 100 hours of unpaid work on top of the voluntary time he must already put in under his previous sentence.

The suspended sentence will continue to hang over him until next March.

His other work with the probation service must also continue, including attending a programme on building better relationships, which the court heard was vital to Pemberton avoiding re-offending in the future.

Mr Hadfield also imposed £200 costs and an £85 surcharge on Pemberton, which will be deducted from his benefits.