A shoplifter could have put an expat’s future, living and working in Australia, in jeopardy after giving his name to police when arrested for theft from a Tesco store in Durham.
Defendant Kevin Herron, who knew the innocent man prior to him emigrating ‘Down Under’, was also said to have previously given his details when arrested for fare-dodging on trains in the region.
The information emerged as Herron, 33, was jailed for a series of offences, including shop thefts and perverting the course of justice, at Newcastle Crown Court.
He was one of two men detained after stealing £93 worth of cleaning products from the Tesco branch, in North Road, Durham, on June 2, last year.
The court was told the stolen goods were recovered and, when asked for his details, Herron gave the name and date of birth of the man who had actually left the country, in 2018.
When processed at Durham Police Station he maintained his claim over his identity but could not be finger-printed as he had one arm in a plaster cast and claimed to have nerve damage in the other hand.
Uzma Khan, prosecuting, said Herron was released on bail and police were later contacted by the mother of the man whose details the defendant had given when arrested.
She told police her son and Herron knew each other when younger, but she was concerned as an arrest for theft on his record could impact his future life in Australia.
Following her complaint, the same officer who detained Herron after the shoplifting incident saw him in Durham on October 13 and arrested him on suspicion of perverting the course of justice.
Herron made no reply, but, in an impact statement given to police, the victim, who has made a new life in Australia, said he was going through the process of renewing his visa to remain in the country and any cautions or convictions could put that at risk.
Miss Khan said other than those offences, Herron was before the court for sentence for further shoplifting offences, also at Tesco in Durham, plus a branch of Iceland, in South Shields, and breaching both a restraining order and dispersal order.
The court heard he was prohibited from going to his grandmother’s home, in Farringdon, Sunderland, by a ten-year restraining order imposed at court in December 2021.
But by going there, and banging on doors and ringing the doorbell, and calling her partner’s name, on October 23, last year, it was his second breach of the order.
Herron was also in breach of a dispersal direction by failing to comply with a police request to leave the Market Place, Durham, on October 10, last year.
The defendant, who for a while was living at a Travelodge Hotel, in Station Lane, Durham, up to the time of his final arrest, in October, admitted three counts of shop theft, breaches of both the dispersal direction and restraining order, plus breach of a community sentence imposed for burglary in 2022.
Nicholas Lane, in mitigation, told the court: “He knows, through these offences, he’s placed himself in a precarious position.”
Mr Lane said the defendant had not had long enough on a previous community order to overcome his “underlying problem” of drug misuse.
But he said during that period the defendant had, himself, suffered two serious injury assaults, one of which, in particular, left him almost losing his life, which has, “pulled him up short.”
Judge Amanda Rippon said she took, “an exceptional course” with Herron, sentencing him to a community order for burglary in 2022, in the hope he could address his drug issues.
But she said: “I told him if he breached it he could end up with a prison sentence of at least three years.
“There are facilities in prison to address these issues, but the problem appears to be that he shows no inclination to do so.
“I acknowledge he has suffered these assaults. But the trouble is he chose to lead that life with other drug users and he ends up being assaulted by them.
“Because he associates with criminals and people who take drugs, he gets beaten up, but ut us directly linked to his criminal offending and his criminal lifestyle.”
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Judge Rippon also told Herron his use of a former associate’s name when arrested could have had, “very serious consequences for an innocent person”.
Imposing a prison sentence totalling 40-months, three years and four months, yjr judge said she has concluded it was the only appropriate sentence, in the circumstances.
She told him he would serve up to half before his release on licence supervision.
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