A DAD convicted of child cruelty against his son breached a restraining order by approaching the boy in Malvern.

The 48-year-old was given a nine-month prison sentence suspended for a year for child cruelty after the incident in May last year.

Lal Amarasinghe, prosecuting at Worcester Crown Court last Friday, said the defendant breached the restraining order after he saw the boy in Malvern.

He said: “He reached out with the palm of his hand towards the boy and then formed a fist.”

The defendant was arrested and interviewed on November 29 for breach of the restraining order, saying he had concerns about his mental health and was trying to get an appointment with his GP and had not been able to do so.

Mr Amarasinghe said: “He said he formed a fist in the air as a form of militant salute.”

The defendant, who appeared at court via video link from HMP Hewell, attempted to interrupt the judge several times during the hearing, asking if he could speak.

Judge Jim Tindal said: “No. Be quiet and listen. You’ve done enough damage.”

The judge added: “You spent most of your time in the probation appointment complaining to the probation officer about how hard done by you are.”

The judge activated eight months of the suspended sentence which means the dad will be released immediately as he has already served four months in custody since his arrest for the breach and four-and-a-half months before that following the incident itself.

The judge imposed a two-year community order which excludes the dad from Malvern and from Worcester city centre for a year.

He must live at approved premises in Ombersley Road, Worcester.

When told this, the defendant said: “But all my family live in Malvern.”

Judge Tindal replied: “Tough. They will have to come and see you. You have put yourself in this position, no-one else.”

He also told him: “You’re clearly a passionate man and you clearly struggle with your emotions. You need to learn to listen and you need to learn to think.”

The judge extended the five year restraining order until further order which means there will have to be an application to the court if it is to be lifted.