Jarrow burglar walks free from court after magistrates discover they can't jail him

A burglar caught red-handed ransacking a South Tyneside social club has walked free from court – due to new government sentencing guidelines.

Magistrates told serial offender Lee Mulholland, 46, they wanted to jail him for his crime against Jarrow Conservative Club, but their hands were tied.

Under a section added to the Sentencing Act 2020 in March, courts are compelled to suspend all sentences of 12 months or less unless in exceptional circumstances.

The South Tyneside court heard Mulholland’s offence – aggravated by his 61 previous convictions from 107 offences – carried a maximum one-year prison term.

Mulholland, of Trent Drive, Hedworth, Jarrow, pleaded guilty to burgling the Bede Burn Road club with intent to steal on Saturday, May 2.

He was also given a suspended sentence in March last year for an attempted burglary, which was later activated and saw him jailed after he failed to comply with its terms.

Sentencing him, Susan Kirtley, chair of the bench, said offence against the club was so serious only a custodial sentence was justified.

But she added: “The only reason that we’re suspending it is because it was committed post the new sentencing element.

“If it hadn’t been for the new sentencing Act, you would have been jailed.”

Prosecutor Jasmine Dodd said police were summoned after a report the club’s intruder alarm had been activated.

She added: “Officers heard a loud banging at the left side of the club, as if someone was trying to break their way out.

“They withdrew their Tasers and realised the defendant had closed a gate. Officers tried to get it open, but he was blocking it from outside.

“They then broke through, but he ran up some stairs. There was a mallet and a brown bag containing tools.

“Inside the bag was a money box and a significant amount of cash. There was damage to the front door of the club, and that’s just a flavour.

“There’s certainly some planning and clearly, he was equipped for burglary with the items he had with him.

“Multiple doors were damaged, and the bandit was also damaged. It’s a sentencing range of six months to one year.”

Greg Stevens, defending, said he agreed with Ms Dodd that the burglary had been planned, due to the presence of the tools.

But Mr Stevens added: “It was not very professional as he was caught in the act.

“It’s a starting point of six months’ custody, with a range of a medium level community order to one year.

“He’s got a somewhat unenviable record but in recent years, there’s been a substantial reduction in his offending.

“He was out of trouble for four years but got back into drugs, which is his problem.

“The suspended sentence he was on, he was doing well but not well enough. He was released from prison at the end of January.”

Mulholland owes the court £3,058 from past offending matters, it was said.

Magistrates also ordered him to complete 25 rehabilitation days and pay a £154 surcharge and £85 court costs.