Rhyl,North Wales - Man jailed after stealing television while victim was out on his mobility scooter

Published date: 17 June 2016 | 

Published by: Staff reporter
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A BURGLAR who targeted a vulnerable man and stole his television while he was out on his mobility scooter has been jailed for two years.

But a crown court judge said that defendant Gerald Evans could have received a three and a half year sentence if the case had been prosecuted differently.

Judge Rhys Rowlands said that he was “staggered” that the prosecution had accepted his guilty plea to one burglary when it was originally alleged that he had burgled the same property previously and took the victim’s television on the earlier occasion.

Both televisions had been recovered from the defendant’s home, he said.

Evans, 52, who lived in a flat in Brighton Road in Rhyl, admitted burglary at the home of a friend who was said to have been left frightened and intimidated.

The judge said that he had been left feeling angry – he adjourned the hearing for five minutes so that he could calm down - and then imposed a two year prison sentence.

But he added “if you had been charged and convicted of the earlier burglary – the evidence appears to be overwhelming – you would have received a consecutive sentence of at least 18 months.”

He said Evans was a thoroughly dishonest individual who had been “extremely lucky.”

Prosecuting barrister Paulinus Barnes said that victim Wayne Bradshaw, 49, suffered a stroke which meant that he needed a carer to help him with day to day living.

His mobility and speech were affected, his television was important to him, but it was taken during a burglary at his home in Rhyl on February 29 when he had gone to the Bodfor public house for a drink on his mobility scooter.

There were no signs of a break-in and it was alleged that Evans had stolen the key.

His 15 inch flat screen television valued at £290, which he had bought new after his previous television was stolen during an earlier burglary, had been taken.

A CCTV showed a man carrying the television in Victoria Road and he was identified as the defendant, a friend of the victim who had been to his home previously.

Evans was arrested and when his home was searched both the victim’s televisions were found in an outbuilding.

Judge Rowlands said that the defendant had taken the key of an extremely vulnerable man, it was alleged that he had burgled his home on two occasions, but the CPS saw fit to accept a guilty plea to one only.

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The judge said that he was “absolutely staggered” at the decision.

He said on the available evidence, Evans would have been convicted of the earlier burglary “as night follows day.”

The public would wonder what was going on, he said.

The court was told that the complainant felt intimidated, had been consulted about it, and the decision was taken so that he would not have to attend court to give evidence.

In a victim impact statement, Mr Bradshaw said his television had first been taken in September of last year and he had been left frustrated and angry. He could not understand who would have done such a thing.

He had the locks changed to make him feel more secure, he felt he was being targeted and considered moving house.

Then in February he returned from his social drink to find the television had been taken again.

He was so angry and upset that he cried on the phone when telling his carer what had happened. He had difficulty sleeping.

But he was disgusted when he was told Evans had been responsible, because he considered him to be a friend. He had been to his house and the defendant had been to his, he explained.

He felt that the defendant  “abused my trust” and “has taken advantage of me,” he said.

“I felt let down and angry.”

In view of his disability, watching television was a significant part of his life and he had to go out and buy another one.

Defending barrister Dafydd Roberts said that there had been a ten year gap in Evans’ offending.

Alcohol had been the root of his offending in the past, unfortunately he replaced that with cocaine, and that was the reason for the burglary.

“He has no recollection of committing the offence but accepts fully that he did,” said Mr Roberts.

see-http://www.rhyljournal.co.uk/news/163341/rhyl-man-jailed-after-stealing-television-while-victim-was-out-on-his-mobility-scooter.aspx