A PETTY criminal who could not be bothered to turn up for the rehabilitation course has won a cut in his subsequent prison sentence.

Mark Hawkes, 24, of Primrose Hill, Stockton, pleaded guilty to a single count of theft at Teesside Crown Court in July last year and was given a two-year community rehabilitation order.

But after he failed to turn up for numerous appointments, Hawkes was sent to prison for 18 months in January.

Yesterday, Mr Justice Gibbs, sitting with Lord Justice Latham and Judge Brian Barker at the Court of Appeal, ruled the punishment "manifestly excessive" and cut it to nine months.

It means Hawkes will almost certainly be freed today.

The judges heard Hawkes found himself in trouble in August 2003 when he heard about a burglary that had been carried out at a house in Stockton.

Hoping to find some leftover spoils, Hawkes found a £50 microwave hidden in a hedge and sold it for a small sum to feed his drug addiction.

Mr Justice Gibbs said after being given his community rehabilitation order and breaching it, Hawkes "could not even summon up the motivation to resume appointments with the agency" when given one last chance.

"All he had to do was turn up and try and address is problems with professional assistance, but he failed to do so," added the judge.

Mr Justice Gibbs said the 18-month sentence was too long for an opportunistic theft.

He noted that Hawkes had recently had three negative drug tests while behind bars and was making progress working in the prison workshop, his first taste of continual employment.