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

Carl Richard Churnside approached the off-duty officer, who he knew, in Walkabout, Durham City, and swore at him, as well as calling 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 premises, but police arrested him in the vicinity.

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, 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, imposed last year.

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

Scott Smith, mitigating, argued that Churnside has fared well with a community element of the previous sentence, and attended one-to-one sessions with the Probation Service.

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

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

Judge Richard Lowden, sitting with two magistrates, rejected Churnside's appeal against the sentence.

"We find that the magistrates were not wrong in coming to the conclusion they did, in activating the sentence in full," he said.

"Looking at the overall merits, it was a similar offence and the sentence was appropriate.

"It was a sentence you don't have to serve if you don't re- offend, but you didm and we take the view we don't need to reduce the term, and therefore, we dismiss this appeal."