Drunk man who threw rocks at club customers on Portland spared jail

Paul Michael Mutter, 29, pleaded guilty to being drunk and disorderly in a public place on August 20 this year and breaching a suspended sentence order, which he only had five days left of serving.

Prosecuting, Richard Oakley, told Weymouth Magistrates Court that police received a call at around 9pm from a member of staff from the Kimberlin Club which was about 50 yards from Mutter's home in Blacknor Road.

When police were called to the club Mutter was said to have 'made off' to his home where he continued to create a disturbance.

Mr Oakley said that police spoke to a staff member at the club who confirmed that Mutter had been abusive to other customers and was asked to leave because of his behaviour. However, Mutter stayed in the area and caused problems, throwing rocks at the club entrance and customers outside. Mr Oakley said that he was also suspected of damaging a light but that no one saw him do that.

Weymouth Magistrates Court. Picture: Marie-Claire Alfonso

At the time Mutter was serving a 12-week sentence which was suspended for 12 months on August 26 last year. The sentence was issued for possession of a bladed article and causing criminal damage after officers found Mutter outside his home waving a very large kitchen knife and shouting aggressively - he was then arrested and taken to Weymouth Police Station where he proceeded to cause damage to the station cell.

Mitigating, Lee Christmas, argued that the suspended sentence order should not be imposed as the charge of drunken disorderly behaviour is not an imprisonable offence and he had only had five days left of his suspensions and said it would be 'unjust' to activate it.

Mr Christmas said that Mutter has recently found work in a painting and decorating job after a long period of unemployment.

He told the court that this event happened because, by chance, Mutter saw his father, who he is estranged from, in the club that night.

Mr Christmas said that Mutter lives with his partner and child and his father had not seen his own grandson yet and that is why Mutter he became aggressive in the club.

Chairman of the bench, Michael Davis, told the defendant: "You are aware that your offence puts you in breach of a suspended sentence order, however we are not going to impose that because the offence you are charged with is not imprisonable."

For breaching his suspension order, Mutter was fined £50. For being drunk and disorderly, Mutter was fined a further £50, and must pay £85 towards prosecution costs and an £84 victim surcharge.