A three-strikes burglar is facing another stretch behind bars after admitting a break-in at a cottage said to have taken place on Christmas Eve, last year.
John Edward Kay will be sentenced early in the New Year after pleading guilty to the latest burglary charge he is faced with, despite disputing the date the offence was committed.
Appearing at Durham Crown Court, via video link from the city’s nearby prison, where he is on remand, the 44-year-old defendant, of Fernwood Road, Lemington, Newcastle, admitted the latest burglary count at a hearing shortly before this Christmas.
The charge stated that he entered a property at Derwent Cottages, near Consett, on December 24, 2021, as a trespasser, before taking a set of car keys.
Read more: Burglar targeted unoccupied property while householder was on weekend break
Brian Mark, for the defendant, said his client's plea was made on the basis he did carry out the burglary, but that it was on December 18, not December 24, last year.
Uzma Khan, for the prosecution, said: “It’s his basis and there’s no evidence that the Crown would be able to put to the court to rebut what he says.
“He’s a third strike burglar and, in my view, it wouldn’t make a great deal of material difference.”
Mr Mark said: “He’s not arguing ‘exceptional circumstances’, just the date.”
Miss Khan replied: “The Crown would say the person was at home and we say it was a targeted, planned burglary and would, therefore, fall into the category where there would be a three-year starting point for the sentence, with a range of two to six years, so it may not make a significant difference.”
Mr Mark said prior to the sentencing hearing he would like the issue of the date of the resolved by the prosecution.
Read more: County Durham burglar hit by car minutes after terrorising Peterlee woman
“Having had previous discussions about the anomalies of the date I think it only fair that the Crown make those inquiries.
“If it was the 18th (December 18, 2021), it may put in doubt the account of the householder.
“The house would have been unoccupied at the time if it was the 18th.”
Miss Khan said it should only require a relatively short adjournment over the Christmas/New Year period for the date of the offence to be verified.
Read next:
Burglar struck at houses in Horden when occupants were away
County Durham man returned home to discover burglary
Burglar armed with screwdriver breaks into Peterlee home
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Recorder Tom Moran agreed and adjourned the sentencing hearing until Friday January 6.
He told the defendant: “You have pleaded guilty and credit for that plea will be determined on the next occasion, after the prosecution make the inquiries they wish to make.
“In the meantime, you will remain in custody.”
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