'You have to learn other people have rights apart from you': Father freed to care for five children is finally jailed
- Wayne Bishop, 34, was jailed in April 2011 for burglary
- He appealed, claiming the sentence didn't take account of his children and breached his human rights
- But less than a month after being released, he attacked a man in a Spar shop
- He is now back behind bars after being jailed for eight months
- Judge said it was the father-of-five's 17th appearance in court
By Leon Watson
Last updated at 1:50 PM on 22nd February 2012
A father of five who was released from jail after arguing that a sentence for burglary breached his human rights was sent back to prison today for assault.
Wayne Bishop, 34, was jailed for eight months for assaulting a man in a Spar shop in Aspley, Nottinghamshire.
The assault took place less than a month after the court of appeal reduced his eight-month sentence for burglary and dangerous driving to a 24-month suspended sentence last May.
Back in jail: Burglar Wayne Bishop celebrating his release last year with his five children and is pictured with a 'world's best dad' mug
Wayne Bishop, 34, arrives at Nottingham Crown Court, where he was jailed for eight months for assaulting a man in a Spar shop
Sentencing him at Nottingham Crown Court today, Judge Michael Stokes QC said: 'I'm afraid, Mr Bishop, you have to learn that other people have rights apart from you.
'We all have the right not to have our homes and premises burgled. We all have the right to walk in the street without fear of being attacked.
'The rights that are set out by the Human Rights Act in the European Convention are not to be produced like the ace of trumps to avoid a prison sentence.'
Bishop was originally jailed for eight months last April after admitting a burglary at Mansfield rugby club and an offence of dangerous driving in 2010.
But he argued that the judgment was a breach of his human rights and not enough consideration was given to the plight of his five children, the youngest being seven and the oldest 13.
In May, the Court Of Appeal in London ruled his prison sentence should be suspended.
But just three weeks after his release from prison, Bishop assaulted David Parsons in a Spar store in Aspley, Nottinghamshire, on June 9.
Following a trial at Nottingham Magistrates' Court last month, Bishop was found guilty of assault and of breaching the suspended sentence and committed to Crown Court for sentence today.
Bishop was convicted after CCTV of the attack was shown in court.
The judge said today was his 17th appearance in court and his fourth for breaching an order.
Summing up today, Judge Stokes said: 'It is clear to me this man was a targeted victim of an attack by two, which happened in a public place.'
Wayne Bishop's niece Sherrie McKinley (right) with other family members (names not given) as she made a statement outside court today
Support: Wayne Bishop's family (left) said in a statement outside court that people don't know the full situation about their relative (right)
Bishop, pictured here with his children, was freed from jail after the Appeal Court ruled that locking him up breached his family's human rights
Bishop, wearing a black and red puffa jacket, waved to friends and family in the public gallery as he was led away.
Outside court his niece Jade McKinley read out a statement on behalf of Bishop's sister Sherrie McKinley, who has six children.
'As a family we are not condoning the way Wayne has dealt with the situation. People don't know the full situation. He was trying to protect his niece and has ended up back in court.
'Perhaps if as children we'd have had the right upbringing and guidance instead of our father being in and out of jail all our childhood life, Wayne would have been able to think before his actions.
'Instead he follows our father's footsteps and gets with the wrong partners.
'I truly feel it for his children and the effect people not having the facts and all the media is having on his children.'
Family man? Bishop with his children after winning an appeal in May last year
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