Worksop: Christmas behind bars for thief after breaching community order

In Court
In Court

A Worksop man has been jailed for 20 weeks after breaching a community order whilst subject to two suspended sentences.

Andrew Smith, 44, of Shrewsbury Road, admitted the breach at Mansfield Magistrates’ Court on Friday 28th November.

The court heard that Smith entered Tesco on 31st October 2014 and stole children’s clothing to the value of £22.

It was said that Smith made ‘full and frank’ admissions in police interview and the items were recovered.

In mitigation, David Verity, said: “He says that he had threats made to him.”

“It was a man who he owed money to from a previous drugs debt.”

Mr Verity told the court that Smith was caught by the security guard at the store.

It was at this point that his electronic tag fell off, causing him to breach his 8pm-7am curfew as any interference or tampering with the personal identification device means a person is failing to comply with the requirements of a community order.

When Electronic Monitoring Services staff came round to his house to see if he was at home at around 11.26pm on the evening of 3rd November, Smith said that he was in but he did not hear anybody knocking on the door.

“He accepts the breach,” Mr Verity added.

“He is very remorseful.”

“Has made a lot of progress regarding his drug use and he accepts that it is a foolish thing to go into the store.”

“But it was because of the threats made against him.”

“He was going to sell the items for money and then pay off the man so he would go away.”

Whilst the magistrates retired to decide Smith’s sentence, it was revealed that he was actually subject to two suspended sentences - one of which was for burglary earlier in the year.

“This is so serious that we are activating both suspended sentences,” the magistrates said.

“It is particularly serious because of your previous history of dishonesty, the two suspended sentences and the community order.”

Smith was sentenced to six weeks for the theft on 31st October and four weeks for the breach of his community order, to run concurrent.

Smith was also given 14 weeks for the burglary and eight weeks for another offence whilst subject to a suspended sentence, to run concurrent.