Judge’s bad maths blamed for jail term cut
5:00am Tuesday 22nd July 2014 in News
A THREE-strike burglar who broke in to the flat of a friend’s neighbour has had his jail term cut by three months because of a judge’s poor maths.
David Evans was sentenced to 32 months by Recorder Ian Lawrie QC after his latest conviction for dwelling house burglary.
Handing down the jail term earlier this month the judge said he was imposing the mandatory minimum of three years with a 20 per cent discount for pleading guilty at the first opportunity.
But realising his arithmetic error the case was brought back to court after Evans had served two weeks behind bars so it could be corrected.
Amending the jail term from 32 to 29 months the judge said the case had been brought back ‘to correct my bad maths’.
Evans, who was not in court for the adjustment, had been seen by the victim on the landing outside his flat as he went out.
When he returned he found a window had been forced with his laptop taken and the electricity meter prised open with a spoon so the cash could be taken.
But the 33-year-old raider, who has a long history of house burglary, was caught after leaving his DNA on the piece of cutlery in the bedsit on Commercial Road.
Evans had been staying at a pal’s place above the Rolleston Arms pub when he committed the offence on Saturday April 5.
When the victim went out he saw the raider in the corridor and on his return he found he had been burgled.
Evans, of Ascham Road, Grange Park, pleaded guilty to burglary.
The court heard he was last jailed as a three strike burglar in 2009, when he got 34 months, having been given four years and four months in 2006.
Rob Ross, defending, urged the court to give him a chance saying he was tackling his drug problems But jailing him the judge said: “I am not persuaded if given this order you will simply redeem yourself and become a productive member of the community.
“At the very least it falls for this court to give householders some sense of security.”