A JUDGE said he couldn’t jail an alcoholic yob who throttled his father then stole his car - because he hadn’t been charged with the correct offences.
Simon John Morrison, aged 18, attacked his father Gary Kears after he refused to give him £5 to buy alcohol, Sheffield Crown Court heard.
The drunk grabbed him by the throat, pushed him up against a wall, and threatened to snap his neck.
Then stole his father’s car keys and drove off.
But Judge Roger Keen said he couldn’t deal with Morrison properly because he only had the power to send him to jail for six months at most.
He said: “If I sent him to prison it would be for such a short period it’s a waste of time. I can think of half a dozen charges that might have been more appropriate and he would have gone down for a long time.”
He told Morrison: “I can’t actually punish you properly because of the nature of the charges. What I’m going to do is disqualify you from driving.
“You have got to realise that, if you do anything like this again, someone will look at the papers properly and make sure the judge has proper sentencing powers. “Your feet won’t touch the ground - and it will be years.”
Louise Gallagher, prosecuting, said Morrison had alcohol problems since the age of 13.
On February 2, Morrison, of Ladyoak Road, Herringthorpe, Rotherham, demanded cash from his father but when he said he didn’t have any Morrison grabbed him by the throat.
Miss Gallagher said Mr Kears was “sick and disgusted” by the incident and had found it “very frightening”.
Morrison pleaded guilty to assault and aggravated vehicle taking. He also admitted driving without insurance and a driving licence.
He was given a 12-month supervision order with an alcohol treatment requirement, and ordered to carry out 150 hours’ unpaid work.