Judge is 'astounded' as CPS drops Wednesbury burglary charge
A judge has criticised prosecutors for not proceeding with a burglary charge against a man who stole cash from a pensioner in his own home.
Judge Amjad Nawaz said he was "astounded" the prosecution had accepted Steven Evans' guilty plea to a lesser charge of theft as he passed sentence at Wolverhampton Crown Court.
Sentencing Evans to 18 months in prison, Judge Nawaz said he was in no doubt that the 36-year-old would have been convicted and received a sentence of at least three years had the Crown Prosecution Service gone ahead with burglary, which he had originally been charged with.
Mr John Brotherton, prosecuting, said the 85-year-old victim had known Evans since he was a child.
"The complainant lived alone at his home in Wednesbury, although he did rely upon neighbours for help," he said.
"He had been at that address since 1928, he used a stick to walk, but tried to live as independently as he possibly could."
Mr Brotherton said the victim often used to leave his door unlocked so people could visit him, and added that Evans regularly called at his house.
"He tolerated visits from the defendant at that time," Mr Brotherton added.
On January 27, this year, Evans let himself into the house, asking to use the toilet.
As he passed through the kitchen, Evans picked up £26 in £1 coins which the victim had set aside for his shopping.
He then sat down with the pensioner for a while, drinking a can of beer, before saying he was going shopping.
Mr Brotherton said Evans had a significant history of offending, including burglary, theft and shoplifting.
He said that in December 2010 Evans had been jailed for 29 months for burglary from the home.
Mr Kevin Grego, representing Evans, said his client should be given credit for his guilty plea.
Passing sentence, Judge Nawaz told Evans, formerly of Lysways Street, Walsall, and now of no fixed address, that he had abused trust placed in him by a vulnerable pensioner.
"You are 36, and have 21 convictions for 30 separate offences, and at least 20 of these are for dishonesty," he said.
"You were charged with burglary, and if that had proceeded as a trial I have no doubt the jury would have found you guilty.
"If you had been, the sentence you would have been looking at would have been in the region of three years, but for reasons which completely astound me, the prosecution accepted a plea of theft."
The CPS were unavailable for comment.
