A 49-year-old Gloucester man who broke into two sheds in Matson and stole more than £6,700 worth of tools and golf clubs has avoided jail and been sentenced to a community order of 30 months.
At Gloucester Crown Court, prosecutor Nicholas Lee explained that Gary Hayes was woken in the early hours of August 23 by noise outside his home in Caledonian Road, Matson.
“He drifted in and out of sleep for a while, but when he heard the sound of a cart being dragged, he woke up completely.
“At 6.30am he heard a loud bang which he thought was coming from his garden, he looked out the window and saw that the door to his shelter had been forced open.
“He then saw a man leaning behind his car in the driveway. Mr. Hayes ran downstairs, only to see the man disappear down an alley and back into his garden. Mr. Hayes challenged the man who had ran to a car parked nearby, leaving Mr. Hayes’ Toolbox stuck in the shed, on the driveway.
“Mr. Hayes catches up with the man in the car and challenges him again. The man, later identified as Jason Brown, got out of the vehicle and tried to explain that it was two other men who robbed the shed of Mr. Hayes and that the toolbox had been left by them.
“Mr. Hayes did not believe Brown’s version of events and asked him where the other men were? Brown showed Mr. Hayes a place in the fence where he claimed they had entered. Another Once, Mr. Hayes did not believe him, and Brown ran to his car and drove off.
“Mr Hayes investigated what had been taken and found a trimmer and extension cords that did not belong to him. It was later identified as coming from a neighbour’s shed which had also been broken into. “
The court heard a set of golf clubs and other tools worth £6,700 were removed from Mr Hayes’ shed. The prosecutor didn’t have the value of the items stolen from the neighbor’s shed.
The court was told that Brown had returned to the same street at 7 a.m. the following morning and had been seen trying out the doors of other houses.
Brown was identified and arrested by police and Mr. Hayes was able to give a positive identification.
Mr Brown claimed in his interview with police that he was staying with a friend nearby before making no comment to police during the interview.
Mr Lee concluded that Brown “undertook some degree of planning for the two non-residential burglaries which involved forcing a door open and opening the shed. He also made several trips to his car with the stolen items. Mr. Hayes suffered a substantial loss caused by the burglary. The loss of his neighbor was significantly less.
Steven Young, defending Brown, said: “While he was on remand he underwent a mental health assessment.
“It appears he was diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) and this assessment test was carried out after a young family member was also diagnosed with the disorder.
“He knows that’s the case and he’s on medication. But that also explains some of his past behaviors.
“Brown suggests that due to the bereavement of three close family members, he relapsed into using Class A drugs as a form of therapy.
“Their death has particularly affected him and he has not received any professional advice to deal with his personal trauma.
“While he was in custody for 11 weeks, he became an enhanced prisoner and weaned himself off class A drugs.
“He realizes that class A drugs have been the bane of his life and he is tired of being in custody. I think a community order will do him more good in the long run instead of locking him up.
“Thanks to his medication, Brown is now in a positive frame of mind that will help this work work.”
Judge Ian Lawrie told Brown he was going to have to prove he warranted a community order sentence and added: “It’s not a get out of jail card option. You have to learn valuable lessons.”
Brown replied, “Thanks to the ADHD medication I’m on, I feel a lot calmer now. I’m getting too old for all of this, and I’ll appreciate the chance to prove myself. I have a job planned if I soon to be released from prison.”
Brown of Beaufort Road, Gloucester admitted to committing the two non-residential burglaries at Caledonian Road, Matson on August 23, 2022.
Judge Lawrie continued: “I understand that you resorted to non-residential burglaries because you had relapsed into drug use.
“You, however, have a long history of backgrounds which, under normal circumstances, I would not consider anything other than a custodial sentence.
“But your pre-sentence report, ADHD diagnosis and mental health report suggest there is a real possibility of rehabilitation. while being a prisoner.”
The judge sentenced Brown to a two-and-a-half-year community order, which includes a 35-day rehab activity requirement and a six-month drug rehab exam.
The judge also ordered Brown to pay £500 compensation to Mr Hayes and a mandatory surcharge of £114.
