Shoplifter stole £45 toothbrush because he had an abscess

A THIEF who stole an expensive toothbrush from a Derby supermarket has avoided jail.

Robert Smith entered Sainsbury’s, in Kingsway Retail Park, before pilfering the electric toothbrush tool without making payment.

Southern Derbyshire Magistrates’ Court heard how the 50-year-old told police that he intended to use the £45 piece of kit himself.

The court heard he was on a community order, being dealt with in August, and was complying with the requirements.

District Judge Andrew Meachin handed Smith a suspended sentence. He said: “This was very foolish; this was extremely foolish. It does cross the custodial threshold, but I’m not going to send you to prison today, I’m giving you a lifeline.

“I’m going to give you a suspended sentence order. If you commit an offence, 12 weeks will be your starting point.”

The court heard the incident took place on October 28.

Peter Bettany, prosecuting, said: “It is simply a matter of this defendant going into that shop, Sainsbury’s, and coming out with a toothbrush.

“He was stopped in a vehicle and said it was for his own use. He was interviewed and admitted the offence. The estimated cost is £45.

“The defendant appears to be on a community order. It was dealt with in August.”

Andrew Oldroyd, mitigating, to the court he took responsibility for the offence. He said: “He referred during his interview to an abscess and wanted the toothbrush to access the tooth.

“He had a dramatic experience of a savage attack which is being investigated.”

Smith, of Crowshaw Street, pleaded guilty to one charge of theft. He was handed a 12 week sentence suspended for 12 months and ordered to pay court costs of £85, compensation of £45 and a £128 victim surcharge. This took his total to pay to £258.