Life begins at 40 - and that's certainly the case for one lucky lag.

Stunned Michael Kelly was spared a long jail sentence after a magistrate decided it would be unfair for him to spend his birthday in jail.

Alcoholic Kelly, 39, was told he would be out of prison in time for this 40th celebrations in just over six weeks' time - and the chance to wipe the slate clean.

The father-of-one was caught by police brandishing a knife in a Southend street, Basildon Magistrates' Court was told.

He also admitted stealing a bottle of booze from a Southend supermarket.

Mark Warren, defending, told the court Kelly had armed himself after he was stabbed in Basildon.

He was also fearful for his safety after falling victim to burglars.

He said: "He has been subject to numerous burglaries and his accommodation is very poor. His family have moved from the area and he has no contact with his 18-year-old son."

Despite having 36 previous offences, stipendiary magistrate John Cooper said he was handing out a lenient sentence because he was moved by Kelly's circumstances.

He said: "I feel your life is very hard and I'm not surprised you drink.

"I'm going to be lenient because I think you've had a raw deal. I don't think you should be inside for your 40th birthday."

Kelly was given six weeks for the offences of possessing a knife, threatening behaviour and theft, all to run concurrently.

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