Enniskillen courthouse
A 60-year-old barred from Asda returned to the store to steal a tin of paint and two weeks later stole groceries from Tesco.
Michael McNairn, of Loughview Drive, Enniskillen appeared in Fermanagh Magistrates Court, where he was convicted and given 100 hours of community service.
The prosecutor explained that on July 5, 2014 police received a report from Asda in Enniskillen that they had detained a male for shoplifting.
The male, identified as McNairn was known to staff and had his movements were monitored when he entered the store.
Staff observed the defendant put a tin of paint, valued at £8 past the till while paying for a number of items from the bakery section.
He was arrested when he left the store. When interviewed by police McNairn said he knew he was barred from the store. In regards to the incident he told police he was going to pay for the paint, but claimed he had been distracted.
When police highlighted the fact the defendant had placed the item in a canvas bag he admitted he had tried to conceal the item.
District judge Nigel Broderick asked why McNairn was barred from the store and it was explained he had two previous penalties for theft, one of which related to Asda. The paint was fit for re-sale.
In another incident on July 16 the prosecutor outlined that Tesco staff detained McNairn, who failed to pay for three items. Staff observed him placing items in his trolley and while he paid for two items, failed to pay for a further three.
He told police he had no memory of placing the three items in the trolley and said he had only went to the store to buy alcohol.
He told police of his problems with alcohol and problems he had with his memory as a result of drinking.
McNairn accepted he put the items which he had not paid for into a bag.
The groceries, valued at £22.17 were recovered and fit for re-sale.
Defence solicitor Niall Bogue explained that McNairn had been going through personal difficulties at the time, but was now receiving treatment for his alcohol addiction and was attending Solace.
The district judge noted from a pre-sentence report that McNairn had a low likelihood of re-offending and had made a guilty plea at the first opportunity.
The judge said he was concerned that these were two similar incidents aggravated by the fact the defendant was barred from one of the premises.
“It is now four times you have committed the offence of shoplifting, that makes it a serious offence,” he remarked.
Mr Broderick decided against imposing a custodial sentence as McNairn had taken steps to address his alcohol problem.
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