A CUSTOMER who attacked a special constable in a late night drinking venue must serve his first stretch behind bars, in full, a court has ruled.

Carl Richard Churnside approached the off-duty officer, who he knew, in Walkabout, Durham, and swore at him and called him a "black pig."

Chris Williamson, prosecuting, told Durham Crown Court that Churnside took a step forward and head-butted the officer, causing his nose to bleed.

He left the North Road bar, but police were quickly informed of the attack and arrested him nearby.

Mr Williamson said Churnside told police he knew the other man, but denied attacking him.

The victim suffered a swollen nose and bruising, and 20-year-old Churnside, of Rowan Court, Spennymoor, County Durham, was charged with common assault.

He initially denied it, but changed his plea to guilty on the day of his scheduled trial, before North Durham magistrates, last month.

The magistrates activated a previously suspended six-month prison sentence for another assault last year.

Churnside appealed against the six-month prison sentence at Durham Crown Court, yesterday.

His barrister, Scott Smith, argued that he has fared well with a community element of the previous sentence, attending one-to-one sessions with the Probation Service.

Mr Smith said the feedback from the probation staff was positive and Churnside still had a job open to him.

"Given his reaction to the one-to-one sessions, it may be that he's turning the corner. Experiencing the clang of the prison gates for the first time has been a salutary lesson for him."

But Judge Richard Lowden rejected Churnside's appeal against the sentence. He said: "We find that the magistrates were not wrong in coming to the conclusion they did in activating the sentence in full.

"Looking at the overall merits, it was a similar offence and the sentence was appropriate. It was a sentence you did not have to serve if you did not re-offend, but you did and, therefore, we dismiss this appeal."