A HOMELESS man was spared jail for a ruckus with a shopkeeper in his convenience store.

James Pengilly was sleeping in the doorway of International Food and Wine in London Road, Brighton, when the brawl ensued.

He began threatening shopkeeper Mustafa Donmez after he opened the shop door, Brighton Magistrates’ Court heard.

Pengilly, 33, used his dog’s chain to smash a freezer in the shop before sweeping items off the shelves.

The court was played a short video of the CCTV footage, which showed Pengilly’s two dogs, one a rottweiler, running into the shop aggressively during the incident on June 26.

The court heard Pengilly caused £607 damage to the store.

He pleaded guilty to using threatening behaviour to cause fear, criminal damage and possession of cannabis.

The 33-year-old was also in court for being in charge of a dog dangerously out of control, but this offence was dropped.

Pengilly, wearing a polo shirt and tracksuit bottoms, was flustered in court, pointing to the sky and flailing his arms while in the dock.

He shouted “I’ve got ADHD and anxiety and a personality disorder” and consistently spoke over District Judge Tessa Szagun.

The rough sleeper was listening to music with his headphones in as the judge spoke to him.

Pengilly’s frustration worsened in court as he claimed to have lost his wallet, telling the judge he was “p***** off”.

He then stood with his arms over the dock and burst into tears, shouting and refusing help from probation officers.

He said: “Nobody f****** helps.

“What’s going to change if you send me to prison?

“I would come out and do the same thing because I have not been helped.

“Don’t keep kicking me while I’m down.”

Pengilly begged the judge not to send him to prison while in a flood of tears.

When Judge Szagun ordered the destruction of Pengilly’s cannabis, he replied: “Give it here, I’ll smoke it.”

Pengilly, who has previous convictions for shoplifting and battery in 2012, was given an eight-week prison sentence for the offences, suspended for a year.

Judge Szagun said the victim surcharge and compensation was £115 but issued a day’s detention instead.

She said Pengilly’s time spent in court was enough to be considered one day’s detention.

Judge Szagun told Pengilly: “I hear how you deal with people and consider the shop owner would have been distressed and afraid of both your behaviour and how your dogs reacted.”

She also recommended that Pengilly seeks the help of probation officers in the future to ease his struggles.

“You should try to accept some assistance to help sort it out,” said the judge.

“I am being frank and fair.”

She added: “The £115 costs for surcharge and compensation can’t be ordered in view of the circumstances, so is dealt with by one day’s detention served at court today.”