A MAN who was challenged by a shop assistant when he entered a shop in a drunken state at 8.50am became abusive and threatening.

Blackburn magistrates heard Kevin Duxbury made homophobic comments towards the member of staff at Greggs who said he felt “scared and intimidated.”

Duxbury, 36, of Great Bolton Street, Blackburn, pleaded guilty to using threatening behaviour and theft of a £3 cheese sandwich.

He was sentenced to six weeks in prison suspended for 12 months and ordered to pay £50 compensation.

Stacey Morrow, prosecuting, said Duxbury was already banned from the Greggs shop. He stumbled in at 8.50am and was clearly drunk.

The member of staff approached and asked him to leave and he responded by putting a cheese sandwich in his jacket pocket.

When he was told he wasn’t allowed in the shop Duxbury responded; “I’m homeless, living on the streets, don’t you care?”

“The came towards the aggrieved and squared up to him in an aggressive manner,” said Ms Morrow.

“He called him a faggot and said he was going to take the sandwich anyway. The victim said he was deeply offended by the homophobic remark. He said he was scared and intimidated at the time and thought the defendant was going to hit him.”

Richard Prew, defending, said his client lived a chaotic lifestyle fuelled by alcohol.

“It is indicative of that problem that he was under the influence of alcohol before 9am” said Mr Prew.

“He was walking past court today on his way to the probation office when security staff told him he was due in court today.”

Mr Prew said his client kept getting beaten up by other town centre drinkers because he wouldn’t give them his benefits when he received them.