Man avoids jail after admitting stealing metal to feed family and stay off benefits
"He had no income and he didn't want to claim benefits because he wanted to provide for his children"
Tom Mack
Express Metal Fabrications in Leicester (Image: Google)
A magistrate opted not to jail a man who admitted theft when he was caught stealing metal at 11pm - after hearing how he had turned his life around.
Ashley Battle was stealing metal late at night to feed his family - and because he did not want to claim benefits - a court heard.
He was handed a conditional discharge by magistrates who heard he now had a legitimate job - as a scrap metal collector.
Battle was stealing metal from Express Metal Fabrications in Disraeli Street, in Leicester, at 11pm on October 20 when the noise of clanging metal alerted a nearby resident, reports LeicestershireLive .
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Battle, of Halifax Drive in Leicester, was already serving a suspended sentence for actual bodily harm and theft from a dwelling.
The 25-year-old had 15 previous offences on his record in total.
He appeared for sentencing at Leicester Magistrates' Court on Thursday, where prosecutor Isabel Wilson described the arrest.
She told the magistrates: "The defendant was trying to load items into the side of the van. He was hot and sweaty.
"A police officer asked the defendant if he was 'thieving' and the defendant said yes."
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About £100 worth of metal had been stolen and it was all recovered.
Faye Darlison, representing Battle, urged the magistrates to give her client a conditional discharge.
She said he was now in a very different situation, earning money and supporting his two children.
"At the time of this offence the defendant didn't have a fixed address," added Ms Darlison.
"He did have a partner but they were having difficulties.
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"He had no income and he didn't want to claim benefits because he wanted to provide for his children.
"On this day he was struggling to pay for food to feed his children. He drove past and saw the metal.
"He knew he could sell it and pay for food for the family. He knows it wasn't a correct way of solving the problems he had.
"At the time he had a lot to deal with. He is now working, collecting scrap metal people leave out and is earning money to support his family and his relationship with his partner has improved."
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The magistrates agreed to punish Battle with a 12-month conditional discharge, along with a £21 victim surcharge and £85 court costs.
The chair of the bench, Rachel Uddin, told him: "Keep out of trouble – you've got responsibilities.
"We don't want to see you again."