A Rugby man who breached a community order he was given after having sex with his own daughter - who gave birth to his child - has been spared a prison sentence.
The 51-year-old, who cannot be named to protect the identity of his daughter and their child, had pleaded guilty at Warwick Crown Court to having sex with an adult relative.
In September last year he was sentenced to nine months in jail suspended for two years, with supervision for two years, and was ordered to register as a sex offender for ten years.
He breached the order earlier this year by turning up drunk for three supervision appointments, so in May he was ordered to live at a probation hostel.
But the court heard that in August the man breached the order again.
Prosecutor Simon Ward explained that as part of the preparation for him to return to live at his home in Rugby, he had permission to spend a night there.
But he failed to return to the hostel the following day, and when he was picked up by the police his excuse for not going back was that he had been drunk.
Ordering the man to do 20 hours of unpaid work, Judge Paul Farrer QC told him: “This is your second breach of this order imposed for what was a serious offence.
“My provisional view was that you were going to have to go straight into prison.
“But by the skin of your teeth, I am not going to activate the sentence today. You are unlikely to be given a third chance.”
The man’s daughter gave birth in 2008. When she was put on probation for an offence in 2009 she revealed to her probation officer the nature of her relationship with her father.