Drug addict escapes mandatory sentence on a technicality after Wakefield break-in
A burglar caught on camera breaking into a flat and walking away with a TV has avoided a mandatory three-year sentence due to a technicality.
Ryan McDonald has two previous convictions for burglary, but because one was a hotel, questions were raised over whether it was regarded as a domestic break-in, meaning he may be subject to the three-strike rule.
But the judge, the Recorder of Leeds Guy Kearl KC, ruled that it was not classed as a dwelling.
Leeds Crown Court heard that on February 1 McDonald, of Arundel Close, Wakefield, went to a neighbour’s property with another man and let themselves in through an unlocked door, knowing the occupier was out for the evening.
He was caught on camera carrying the Bosch TV from the flat, along with an expensive Stone Island jacket.
The 37-year-old was arrested but denied wrongdoing.
He later admitted a charge of dwelling burglary. He has been remanded since his arrest.
He has 11 previous convictions for 32 offences, including the two previous burglaries.
Mitigating, Sam Roxborough said father-of-three McDonald was addicted to drugs but was using his time on remand to “detox”.
He said most of his offending came in the last two years and added: “Something clearly happened in his life that led him down a spiral.”
Recorder Kearl said Simpson narrowly avoided the minimum term for burglary, but also said his first burglary conviction was from more than 20 years ago.
He handed him a two-year sentence, suspended for 18 months, with a nine-month drug rehabilitation requirement, 20 rehabilitation days with probation and 60 hours of unpaid work.