Wigan man cannot do unpaid work after motorbike crash, court told

Wigan and Leigh Magistrates’ Court was told Nathan Fitton, 25, was given a 12-month community order in September 2017 after committing an assault.

He was told to carry out 100 hours of unpaid work and eight rehabilitation activity days, with an extra 50 hours of work added and the order extended by three months when he breached it twice.

Fitton was back in the dock this week after failing to comply with the order again.

A probation officer said he did not attend appointments for unpaid work on July 29 and August 5 last year.

Fitton claimed it was because he was at work, but he did not provide any evidence related to his absence, the court heard.

He completed five of the eight rehabilitation activity days, but only 29.5 of the 150 hours of unpaid work.

Fitton, of Hunter Road, Marsh Green, admitted the breach.

The bench was told the probation service had intended to suggest more unpaid work as a punishment for not complying with the order.

But Fitton could not do that after a motorbike accident in April, which led to him being airlifted to hospital and spending time in a coma.

The court heard he lost the use of his right arm and had an operation last month to restore nerve damage, while there are plans for an operation to his leg to remove metalwork related to a previous motorbike crash.

He currently takes a lot of medication and does not work.

Bob Toppin, defending, said: “Unfortunately his right arm is a complete mess. There is no movement in it at all, it just flops. He is completely incapable of any work.

“The accident has been quite horrific in terms of his ability to cope. He is on massive amounts of medication and is awaiting further operations.”

He said Fitton accepted his response to the now-expired community order had been “poor” and pointed out no new offences had been committed since the assault in February 2017.

Sentencing, Eric Rutter, chairman of the bench, told Fitton: “I do have some sympathy with your situation but that said, I think it is fair to say if you had got your finger out in the first place, this would have been well and truly behind you.”

A new community order was imposed for 12 months, with 10 rehabilitation activity days, and a £50 fine.