Tipton man breached Asbo with theft of copper
A man who is banned from parts of a town has avoided immediate jail despite breaching his order while stealing metal just nine days after it was enforced.
Unemployed Richard Russell, aged 21, is not allowed to enter certain parts of Tipton after he was handed an anti-social behaviour order on September 12.
But Sandwell Magistrates' Court heard that on September 21 Russell, from Beech Crescent in Tipton, was caught stealing copper wire from MEB GPU Power UK on Toll End Road in the town – an area that he was not supposed to be in.
Prosecuting solicitor Mr Michael Taylor told the court that Russell was one of three people involved in the theft, but that only Russell was arrested.
He said: "Two males were taking items from a skip, and the third was acting as lookout.
"Two males were seen carrying arms full of copper when they got out of the range of CCTV."
The court heard that the total value of the wiring was around £200.
Russell's lawyer Mr Mandeep Bassi said that one of the reasons for the theft was that his client was not on any benefits.
He added: "Mr Russell is pleading guilty to these matters at the earliest opportunity.
"He walked past this place where he's noticed the copper wiring, and rather foolishly, he accepts, went into the premises.
"He still believes that it was scrap and waiting to be thrown away, but he had no right to take it."
He added: "It's the only breach of the order, although it was only made recently, and there have been no further issues since."
Russell was handed the Asbo on September 12 after the court found he had caused harassment, alarm or distress to local residents.
It will last until September 11, 2016, and as well as preventing him from entering certain areas of Tipton also bans him from drinking alcohol or being drunk in public, wearing a hoodie or anything that hides his face in public, and associating with certain friends.
After pleading guilty to one charge of theft and one breach of his Asbo, Russell was handed a four month jail term for each offence to run consecutively, suspended for two years, and ordered to wear an electronic tag for nine months with a curfew between 8pm and 5am.