A DEAF and mute man managed to avoid being sent to prison on his birthday.

Joshua Parker Brian Parker, of Garner Road, Wrexham, was appearing at Mold Magistrates Court on the day of his 32nd birthday and faced a jail term after breaching the term of a suspended sentence.

Justin Espie, prosecuting, told the court that Parker, who appeared in court via custody having failed to attend a hearing on September 30, had stolen £12 worth of steak from the Cross Lanes branch of the Co-op on September 23.

Parker had admitted to the theft during police interview.

Emma Simoes, defending, told Magistrates that Parker, who had proceedings communicated to him via a sign language interpreter, was frustrated as he had had to spend his birthday in custody

Ms Simoes added that Parker was a very vulnerable man who had no immediate friends or family. She said how Parker’s two dogs were the only things he cared about and he was petrified what would happen to them in the event of his suspended sentence being activated.

Ms Simoes said the suspended sentence had been given to Parker for more serious offences, including going equipped for theft and criminal damage and the value of the items taken in this instance was low.

The steaks had been stolen as a means of providing food for himself, not as a means of generating income.

Chair of the Magistrates Penny Rogers, took the mitigation of Ms Simoes onboard as she told Parker she would not be activating the suspended sentence.

Parker was fined £100 for the breach plus £12 compensation to the Co-op, with no prosecution costs to be paid due to the time he had already spent in custody.