A DEFENDANT was so drunk when he was brought to court he was sent to prison without being sentenced.

Daniel John Rocks, 41, will today learn his punishment for besieging a city centre shop.

“I am upset,” said Rocks as he was taken downstairs.

“You will be more upset on Monday”, the Honorary Recorder of York, Judge Paul Batty QC told him.

Rocks should have attended York Crown Court when his co-accused Alex Hartwig, 30, of no fixed address, appeared on Thursday.

But he arrived at court two hours late by which time a warrant had been signed for his arrest. He handed himself in to police on Friday morning.

Because of the way he behaved in the dock, the judge asked at the start of the hearing: “Is he drunk?” and Rocks’ barrister Laura Addy replied “Yes”.

The judge told him he would sentence him when he was sober and remanded in custody until today.

Rocks, of Burdyke Avenue, Clifton, had admitted affray in connection with the shop incident, but denied failure to attend court, on the grounds he had a reasonable excuse.

His barrister said he had been bedbound all Thursday by severe spinal pain but the clerk told the court she personally had seen Rocks at court at 4.30pm that day.

Ms Addy said Rocks knew he would be jailed and had been in tears at the thought that his father may die while he is in prison.

Rocks will attend today’s hearing via a video link from Hull Prison.