Takeaway duo spared jail after furious confrontation over cash

Two friends narrowly avoided going to jail after they became aggressive towards takeaway staff which they claimed stole their money.

Fisher and Whitehead appeared at South Tyneside Magistrates Court
Fisher and Whitehead appeared at South Tyneside Magistrates Court

Martin Fisher, 26, and Callum Whitehead, 27, were both subject to suspended sentences when things turned sour after a day of drinking in South Shields, South Tyneside magistrates heard.

Police spotted the pair, who both live in Torrens Road, Sunderland, shouting and swearing outside a takeaway in Mile End Road, South Shields on October 27, the court heard.

Prosecutor Clare Urwin said: “Police saw the two of them together at 6.05pm outside the takeaway acting in an anti-social manner.

“Fisher was outside, shouting and swearing at staff inside the takeaway.

“He punched the glass in the door. He appeared drunk.

“Whitehead was spoken to. He was using foul and abusive language and was told repeatedly to stop, but refused to do so.”

She added: “He was aggressive towards another officer present. Mr Whitehead, too, was drunk.”

The pair both admitted being drunk and disorderly.

Jason Smith, defending, said: “These two were actually victims of an offence. Both Mr Whitehead and Mr Fisher went into the takeaway.

“They’d had a bit to drink and ordered some food and paid their money over. The staff used some excuse to usher them out without giving them their money back.

“They were shouting that they want their money back. The takeaway staff used foul language too.

“They wanted their money back and police happened to be passing. They saw these two chaps shouting and asked what is going on.”

He said: “Mr Whitehead admits using the f-word.

“He’d had a drink and couldn’t necessarily control himself.

“Mr Fisher then got involved.”

He added: “The police officers didn’t want to hear any of it because they were causing a disturbance in the street, but they would not move on until they’ve got their money.

“After they were arrested, police officers went back to the takeaway where staff said they had the money. They give them the money and it was taken back to the police station.

“These gentlemen are now in a vicarious position. They are in breach of a suspended sentence order.

“All they wanted was their money back.”

The bench extended the each defendant’s suspended sentence and ordered them each to pay a £40 fine, £85 costs and £30 surcharge.