A ?risk to the community? with ?one of the most atrocious records in Bermuda? was sentenced to two years in prison in Supreme Court on Friday for breaching his probation.

Frederick Spence, 47, of Travellers Lane, Pembroke said he never met with his probation officer because he was sick.

?I had the flu,? Spence told Puisne Judge Carlisle Greaves.

?All December and all January he was sick? Wow we got a lot of flus! It must be bird flu,? Mr. Justice Greaves joked.

Crown counsel Graveney Bannister said Spence stayed sober when he first started probation.

But Spence tested positive for cocaine use on November 29, 2005, Mr. Bannister said, and at his most recent test on December 6, 2005 had admitted to using cocaine.

?He has a history of crack cocaine use and breaking and entering to support his habit,? Mr. Bannister said. ?He is a risk to the community and also to himself.?

Probation officer Frederick York said Spence was supposed to meet him twice every week, however, had not appeared since January 19.

As a result of his non-appearance, Mr. York visited Spence?s home on two occasions, Mr. York said.

Both times Spence said he was sick.

?Did he look sick to you?? Mr. Justice Greaves asked.

Mr. York said he did not.

However, lawyer Elizabeth Christopher argued that Mr. York was not a doctor, so could not say her client was not ill.

Ms Christopher said her client had suffered from health problems for a few years.

?During these years he was still able to get around enough to break into people?s homes,? the judge said.

?He has one of the most atrocious records in Bermuda.?

In his sentence, the judge decided that Spence did not comply with the conditions of his probation and sentenced Spence to two years in prison with time already served to be taken into account.