A 23-year-old man who failed to take advantage of the suspension of three months of his jail sentence looks set to spend Christmas in jail.
Curtly James Hodge was released from prison in August with a three month suspended prison sentence hanging over his head.
On August 9 Justice Robert Pearce sentenced Hodge to a twelve month jail sentence backdated to October 22, 2022 with three months of the sentence suspended for 18 months on the condition that he not commit any offence punishable by imprisonment.
He was required to report to a probation officer for 18 months.
The sentence came after Hodge pleaded guilty to an aggravated assault committed in December 2021 when he and two other men went to a home in Rocherlea.
The complainant drove to Churchill Park where he was attacked by Hodge's two companions one of whom had a firearm.
On Tuesday a Department of Community Corrections officer told the Supreme Court that Hodge had been in custody on new charges since September 28.
"There was no contact between Mr Hodge and Community Corrections so we are making an application to cancel the correction order due to non compliance," the officer said.
She said there had been numerous attempts to contact Mr Hodge. She sought that the suspended sentence be activated.
Defence lawyer Olivia Jenkins said the breach was admitted.
Justice Pearce activated the suspended sentence which was backdated to September 26.
Hodge is facing charges in the magistrates court of assault, burglary and stealing, breaches of bail and driving when not the holder of a licence.