A Portadown man, who faced up to ten months in prison for stealing three bottles of tonic wine, was told it was “very high price to pay for Buckfast”.
Owen John Cree, with an address on Portmore Street, appeared at Armagh Magistrates’ Court, sitting in Newry, on Tuesday charged with a single count of theft.
The 39-year-old walked into Supervalu at the Ballymore filling station in Tandragee on Wednesday, July 24 and walked out with three bottles of Buckfast, valued at £27.47, without attempting to pay.
Police attended after the call was made and obtained CCTV from the store. They were able to identify the defendant as a result.
Police spoke to Cree on the phone and he admitted to stealing the alcohol and agreed to pay for the goods He made full admissions in interview, and was later informed that it would be reported.
Cree’s defence barrister said there has been “marvellous improvements to this man’s life” in recent months, however, “he unfortunately finds himself in breach of a suspended sentence for similar offending”.
The defence alluded to the breakup of his family, which contributed to his offending, but that breakup is “subject to remedial steps” and he “now finds himself as a project manager earning very good money”.
He added: “It is all [the family’s] intention, albeit going at a systematic and methodical progress rate, that they are all going to be reunited again, because clearly, the mother of his children has seen vast improvements in him.”
In offering mitigation, the defence added: “Police rang him and he immediately admitted to the offence on the phone. That was formalised the next day in interview and by the time that happened he had actually been in to the relevant off-licence and had paid the outstanding monies.”
However, District Judge Laura Marshall contended that he was in breach of two suspended sentences, one for driving while disqualified and another for a fraud-related offence. She also drew attention to an assault occasioning actual bodily harm conviction from July 2022.
Said Judge Marshall: “It beggars belief that someone who has a suspended sentence of four months, for two years, for driving while disqualified, and also has a suspended sentence of three months, for 18 months, for a fraud matter, would think of going in and lifting three bottles of Buckfast and ending up in Maghaberry for say maybe three months for this, plus three months for the fraud, would be six. And then there might be a question mark over whether it should be six or 10 months.
“I mean, it’s a very high price to pay for Buckfast, which I know he’s paid for, so only for the reasons that he’s paid for it, and he’s pleaded guilty at the very, very earliest opportunity, he’d be going to prison for six or 10 months today.
“I don’t think that’s proportionate in the circumstances. So what I’m going to do is give you another three months in custody, and that’s going to hang over your head for 18 months this time.
“So now if we were to activate them all – 10 months – just remember for the next 18 months, if you think of doing anything against the law that I’ve said, there’s 10 months in custody hanging over your head, and I will activate it the next time.”
