Thief, 81, made an ‘innocent mistake’

A MAGISTRATE has commended an 81-year-old for his previously unblemished criminal record after he was charged with shoplifting.

Richard Scholl, defence lawyer for Lanny Francis Cowell, told the Townsville Magistrates Court that the charge against his client was the result of an innocent mistake.

On May 12 this year, Cowell was shopping at Woolworths at Stockland Townsville Shopping Centre. At 9.45am police attending the grocery store on another matter where informed that Cowell had not paid for three items.

Police prosecutor Peter Obermayer told the court an informant told police that Cowell had placed items in his bag.

“A search was conducted and located macadamia nuts and two Atkins bars,” he said.

Mr Obermayer said police reviewed CCTV footage and identifed Cowell taking the items. The court heard the items totalled $20.50. Cowell pleaded guilty to unauthorised dealing with shop goods.

The court heard Cowell did not have a criminal history.

Mr Scholl told the court his client was battling cancer and was deaf and had “made an error of judgment” shoplifting the perishable items.

“He has always paid with cash so he had some difficulties paying for items at Woolworths because of the COVID-19 pandemic,” he said.

“He realises in hindsight it was a silly thing to do, he was simply going to duck out to the car, get his keycard and come back and pay for it.”

Mr Scholl asked Magistrate Ken Taylor to use his discretion and not punish his client. Mr Taylor told Cowell that it was rare to sentence anyone without a criminal record.

“It’s remarkable, it shouldn’t be a remarkable thing but sometimes it appears to be so in a court such as this to present without any criminal history,” he said.

Cowell was released absolutely.