PERSISTENT offender Darren Cunningham was caught by police drunk, swearing and throwing litter around in The Cloister Gardens, in Malmesbury, on Sunday.

Cunningham, 26, of Athelstan Road, Malmesbury, pleaded guilty to being drunk and disorderly when he appeared before magistrates in Chippenham on Monday.

He was fined £100 and ordered to pay costs of £55.

Michelle Hewitt, prosecuting, said Cunningham was seen among a group of friends in the gardens, behind Malmesbury Abbey, by police officers at about 6.15pm on Sunday.

"The weather was fine and there were a number of people walking about in the area," she said.

"In the far corner of the gardens officers saw a group they recognised, and the defendant was in this group."

She said Cunningham was seen throwing on the ground the wrapping of a Chinese takeaway he had been eating.

Ms Hewitt said when Cunningham saw the police officers he started swearing and spitting food on to the floor.

"He was unsteady on his feet, lurching about and his speech was slurred," added Ms Hewitt.

She said an officer told him to be quiet, but he ignored the request.

"His breath smelt of alcohol and his eyes were fixed and glazed," added Ms Hewitt.

She said Cunningham was arrested, and continued to be abusive, swearing at the police officers.

"He was taken to the police vehicle following a violent struggle," added Ms Hewitt.

She said Cunningham had previous convictions for offences of a similar nature.

Michael Jeary, defending, said Cunningham regretted what happened on Sunday.

"It is a bit disappointing that with the exception of a drunk and disorderly on June 26, Mr Cunningham was addressing his difficulty with alcohol," said Mr Jeary.

"There is no doubt in my mind that that is the problem, but I have seen significant improvements."

He said he hoped Cunningham would find a job, and was confident he was on his way to addressing his alcohol problem.

"He is sorry to, unfortunately, be back here so soon," added Mr Jeary.

Graham Hogger, the chairman of the bench, said the authorities had done all they could to try to help Cunningham.

"You have an unenviable record," said Mr Hogger, who said Cunningham had served time in prison, on probation, and on community service orders.

"You don't seem to learn, do you?" he added.

"The public must be fed up with you and the police must be fed up with you."