A man accused of a house burglary after climbing scaffolding to gain access via an upstairs window, claims he had permission to be at the address.

Jonathan Banks has admitted stealing a Christmas hamper from the property, in Laurel Court, Shildon, on the night of December 22, last year.

But the “three-strikes” burglar denied a charge of burglary when he appeared at Durham Crown Court on February 9, via video link from the city’s nearby prison, where he is on remand.

The court heard that he claimed there had been a phone call prior to him attending the address, giving him permission to be there, but when he attended there was no-one present.

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It was then that he claimed to have gained access via the scaffolding and taken the hamper, prepared as a Christmas gift, maintaining his claim that he was not there as a “trespasser”.

A provisional trial date was set for the case to be heard as a contested hearing at the court, in June.

But Banks appeared back at the court, also by video link from prison, for a further ‘plea’ hearing, today (Wednesday March 8), following a review of the evidence by the prosecution.

Judge Jo Kidd said she had received correspondence from the reviewing prosecution lawyer in the case stating that an alternative plea would now be considered “acceptable” to the Crown.

The Northern Echo:

Matthew Hopkins, prosecuting, told Judge Kidd: “It seems that after the last hearing, when your Honour wanted information about the issue of permission to be in the house to be dealt with, police spoke to the complainant about making a statement about that.

“It was then decided there was no realistic prospect of a conviction (for burglary).

“She was spoken to and a decision was taken not to continue with that charge.”

An alternative charge of theft of the hamper was then put to the 31-year-old defendant, of Weardale Walk, Shildon, who pleaded guilty.

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The court was told that he was subject of a community order, for a non-dwelling burglary and shoplifting offences, imposed on December 9, at the time of the theft, which took place less than a fortnight later.

Judge Kidd said there was insufficient time for the community order to have taken effect and she anticipated that the Probation Service would seek its revocation prior to Banks being sentenced for the theft.

But she noted that the defendant is also to be sentenced for five further shoplifting offences, committed between December 23 and January 9, which he admitted when he appeared before magistrates in the latest case.

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Judge Kidd said she wanted further details of those shoplifting offences, with an updated background report on the defendant, to be prepared by the Probation Service, when the case comes back for sentencing next month.

She also asked for information as to what, “specifically” the complainant told police prior to the decision not to proceed with the burglary charge.

Judge Kidd remanded Banks to remain in custody prior to the sentencing hearing at the court on April 5.