A builder who was ordered to do unpaid work as punishment for attacking a GP downed tools when he was told to work outdoors, a court heard.

Paul Phipps, 53, from Herne Bay, had been taken with a group to St Mary’s Church in Chilham in January to carry out part of his sentence.

But when Phipps was given a used pair of boots he turned on Scottish probation officer Daniel Ward, who was supervising the work, and swore at him, saying he would not work outside.

Prosecutor Donna East told Canterbury Crown Court: “Mr Ward asked him to calm down and to sit on the bench and he would phone the probation office, which he did.”

Phipps was asked again to start the work but turned on the probabation officer, verbally abusing and swearing at him before punching him.

Phipps, of Terminus Drive, was originally charged with a racially aggravated assault but the charge was dropped when he pleaded to an offence of assault by beating.

Ms East added: “He also tried to headbutt Mr Ward but missed and caught his shoulder. He then tried to kick and punch him about five or six times.”

Phipps, who had been given the 100-hour unpaid work sentence after attacking a GP, was re-sentenced and jailed for 90 days for breaching the earlier order.

Andrew Espley, defending, said: “The argument was over the boots. He didn’t want to wear someone else’s boots.

“But he now regrets striking out at Mr Ward and has expresssed a desire to change his ways.”

Phipps was given a four month prison sentence suspended for two years.

Judge Michael O’Sullivan told him: “What you did was abuse and assault the probation officer and only a prison sentence can be justified in such a serious assault. But I will suspend the sentence. Learn to keep your keep your temper under control.”