A graffiti vandal responsible for an estimated £1 million of damage in Bristol who was warned he would be imprisoned if he continued to breach community punishment breached it for a FOURTH time – but still avoided jail.

Daniel Tyndale, aged 23, of Dove Street, gained notoriety in Bristol by spraying his “tag” on buildings, cars and trains.

After admitting criminal damage, in September 2007 he was given a 12-month prison sentence, suspended for two years, as well as an order to carry out 300 hours of unpaid work.

Yet Gareth Graham, prosecuting, told Bristol Crown Court yesterday that Tyndale had consistently failed to abide by the order.

The court heard that, for each breach:

In February last year he was given 10 days of extra education and employment training;

In August last year he was given an extra five hours of unpaid work;

In February this year he was given 10 days of extra education and employment training.

It also transpired that six months after being handed the suspended jail term, Tyndale punched 29-year-old Michael Chandler and later pleaded guilty to common assault – after which Judge David Ticehurst made it clear to Tyndale that if he messed up again he would go to prison.

Yesterday the court heard Tyndale did not show up for two further unpaid work stints in February and last month, and he was back in court.

The Recorder of Bristol, Judge Tom Crowther QC, deferred sentence until November 2, telling Tyndale: “Every time you come back you put yourself at risk again of being sent to prison.

“You know the sort of terms involved. I will take no action now; I will give you an opportunity to co-operate and avoid crime.

“If you have done that and come back here in six months’ time, with nothing more to your detriment, I will deal with you in a way that does not add to your punishment.”

James Cranfield, defending, told the court: “Mr Tyndale has had the final realisation he can’t continue breaching the orders.

“For once he’s started to engage in probation in the way he should have done at the start.”

Mr Cranfield said there had been no suggestion that his client had carried out any further graffiti offences. Police had estimated at one previous court hearing that his work had caused £1m worth of damage.

He said that he was now doing artwork within a legitimate group in Stokescroft and had left shared accommodation and moved to a one-person council property five minutes away from his probation office.

In August last year, Judge Ticehurst remanded Tyndale in custody for a week in Horfield Prison while he decided what to do with him.

When the judge had Tyndale brought back to court and asked him what prison had been like, Tyndale replied “terrible”, adding that he would not like to go back.

Judge Ticehurst gave him an extra five hours of unpaid work and was told then that one of Tyndale’s work tasks could be a probation placement to help paint the historic ss Great Britain.