Thief who defied court evades jail again

Magistrates decline to activate suspended sentence despite 'appalling' record

A THIEF who has defied court orders including a suspended jail sentence has avoided prison once more.

Daniel Devaney, who has more than 20 previous convictions, refused to co-operate with community orders, Newbury magistrates heard.

And just days after receiving a suspended jail term for theft, he was caught stealing more goods, worth hundreds of pounds.

Commission of a further offence while subject to a suspended sentence results in automatic, immediate imprisonment except in rare circumstances where the defence can prove it would be unjust to do so.

Helen Waite, prosecuting, said the 27-year-old, who was living with his parents at Nuttingtons, Leckhampstead, slipped into Boots The Chemist at Newbury Retail Park through an insecure door before the store opened and stole goods worth £418.41.

Mr Devaney, who now lives at The Close, Hampstead Norreys, admitted committing theft on May 2 this year.

The court then heard that, just days before carrying out the raid on Boots, he had been given a suspended prison sentence.

Catherine Scammell, defending, said her client was “well aware of his position today and the mess he has got himself into.”

She also conceded he had an “extensive” criminal record and added: “He has a long standing, on and off drink problem. This latest offence was committed while he was drunk and was on bail with an electronic tag.”

However, she added, Mr Devaney was “not taking drugs at the moment” and was working with horses as a groom.

Ms Scammell went on: “He has a pretty appalling record, I can’t deny that. And I can’t deny this latest offence was committed fairly soon after a suspended prison sentence was imposed.
“But he will lose his job if he is sent to prison.”

The court heard Mr Devaney, had been in the job several weeks and that his girlfriend was a positive influence in his life.

Magistrates asked whether he would be suitable for a community order, but a probation officer said: “He is not suitable. He has breached his previous order. His compliance was poor throughout.”

Mr Devaney was then made subject to another suspended prison sentence of 28 days, suspended for 12 months.

In addition he was made subject to a three month curfew order with electronic tag and ordered to pay £85 costs plus a statutory surcharge of £80.