A MAN who was seen lying drunk in the middle of a busy Ellesmere Port road has been spared immediate jail.

Craig Daniel Thomas Gardener, 31, of Sutton Way, Great Sutton, had had too much to drink and was lying "comatose" in the middle of Princes Road on March 11, 2021, Chester Magistrates Court heard on Wednesday, January 19.

After police had made several attempts to wake him up, Gardener then got up with a start and began shouting abuse at officers.

It is understood Gardener also declared his XBox gamer tag name to officers.

When officers conducted a search of the defendant upon him being taken to custody in Chester, they found a small blade in a card inside Gardener's wallet.

Gardener had earlier pleaded guilty to possession of a bladed article and three charges of threatening/abusive behaviour.

Magistrates handed him a suspended prison sentence and a curfew.

Prosecuting, Amie Gouldson said police had been called to Princes Road by members of the public concerned for the welfare of Gardener.

Having got up, Gardener called officers a homophobic slur, adding: "Let's break his bones, let's go then", and continued saying the homophobic slur in custody among other insults.

Gardener had last been convicted in 2015.

Defending, Chris Hunt said: "If ever there was a cautionary tale of the dangers of drinking too much, this is it. He is lying in the middle of Princes Road, absolutely comatose, and he has no idea how he got there.

"He last remembers drinking in his flat about a mile away, and he was shouting absolute nonsense."

The bladed article was part of a multi-tool which was in a card, in a wallet, in Gardener's pocket at the time of the offence, and there was no suggestion Gardener was waving it about or planning to use it.

Gardener had said he was not aware that possessing the blade in public was an offence.

Chair of magistrates Jean Banford told Gardener: "The law is very clear on the possession of a bladed article, but we have listened to what Mr Hunt has had to say.

"Do not end up in the middle of the road, drunk as a skunk, again. You could've gotten yourself killed."

Gardener replied: "You should have heard the aggro I got off my mum."

Gardener was handed an 18-week prison sentence, suspended for 12 months, and must observe a 16-week, 7pm-7am home curfew.

The card was to be forfeited and destroyed, and Gardener must pay a £128 victim surcharge and £85 court costs.

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