A father-of-three who stole beer from his local store while on a suspended sentence for dangerous driving while over the limit has been spared jail.

Rocky Johnstone, 30, who had also been conditionally discharged, was at risk of having the jail term activated for committing a new offence.

But after hearing Johnstone was sorry after turning to drink when he learned his mother was dying and his marriage floundered a judge gave him a chance.

Tessa Hingston, prosecuting, told Swindon Crown Court on Friday how he had stolen from the One Stop Shop in Sheldon Road, Chippenham.

She said he went in to the store on Thursday, July 3, and grabbed the booze worth £22.79.

The offence put him in breach of an eight-month suspended sentence imposed at Burnley Crown Court in January for dangerous driving and drink-driving.

Johnstone, of Thingley Caravan Park, Easton Lane, Chippenham, admitted theft and being in breach of a suspended sentence.

Roderick Blaine, defending, said he found out his mother had terminal cancer and his marriage was in trouble.

"His wife left him because he was drinking too much. He learned his mother was dying so he starts to drink more. He doesn't try to hide behind that. He knows it was wrong," he said.

He said he is back with his wife, with whom he has three children from nine months to eight years, but finding was hard to get work after losing his licence in January.

Passing sentence, Judge Peter Blair QC said: "The suspended sentence will continue over your head now until January 2016 which is when it expires.

"You have to ensure you are completely law abiding or you will end up in custody.

"You are in a relationship and have young children, they will suffer enormously if you do anything stupid and have to go to prison."

He imposed an 18-month community order with supervision and told him to complete a thinking skills programme, pay £22.97p compensation and a £60 victim surcharge.