A man repeatedly left his home during his curfew hours to visit his terminally ill mother, a court heard.
Dean Porter, of Lightenfield Lane in Netherton, pleaded guilty to failing to comply with the requirements of a community order.
The order was given to him by Kirklees magistrates in March for three counts of shop theft.
The 39-year-old was told to comply with a curfew that runs until June 5.
But he was absent during his curfew hours for a total of just under 13 hours between March 21 and 30.
Magistrates were told that Porter’s mother has terminal cancer and he has to frequently go to help her.
They heard that Porter himself is unwell as he has cirrhosis of the liver and mental health problems.
His solicitor, Sonia Kidd, explained that he was sentenced without a probation report and had that been requested he wouldn’t have been given a curfew in the first place.
She told magistrates: “His mum will always be his priority and in that regard he’s set up to fail if the curfew continues.
“He’s struggled with this and has his own personal difficulties - he is not a well man.
“The order is unworkable. He needs something that will help him and he can be given assistance by the probation service and community mental health nurse.”
Magistrates revoked Porter’s curfew and replaced it with a six month community order.
This will include 10 rehabilitation activity days to give him the support and access to services he needs.