Thief already in jail for knifepoint burglary at store
A man was admonished on charges of theft and drug possession at Stirling Sheriff Court - because he is already serving four years for armed robbery.
Richard McPhee, 35, of Upper Bridge Street, admitted stealing clothing from Primark on July 3 last year and possession of heroin in Balfour Street on July 7.
But the court heard he had recently been handed a sentence from the High Court in Edinburgh which totalled six years - four in prison and two under supervision.
Sheriff William Gilchrist told him: “These two smaller complaints have been overtaken by High Court proceedings, so there’s no point in any sentence being imposed.
“They’ll appear on your record of course, but you will be admonished on both.”
McPhee was sentenced to four years in jail at the High Court in Edinburgh last week, for threatening a terrified shop worker with a knife before stealing £980 in cash at the Day to Day store in Drip Road on November 25 of last year.
Police managed to establish his identity quickly and arrested him the following day. Detective Constable Lauren Wotherspoon from Stirling CID said: “This was a very frightening experience for the shop worker and while she was uninjured during the robbery, the incident left her extremely shaken and upset. As a result of our investigation, we established that McPhee lived nearby and this appears to have been his motive for targeting the store.
“His sentence reflects the commitment of both Police Scotland and the Crown Office to identify those who carry or use weapons and remove them from our communities.”
The court had heard how McPhee brandished a blade at 27 year-old Lilita Mierina, forcing her to open a till before he made off with the cash inside. Ms Mierina phoned police moments after the incident. Officers recognised McPhee from her description and he was arrested within 24 hours. McPhee admitted a charge of armed robbery before judge Lord Boyd in March.
At his sentencing last month, defence advocate John Scott QC told the court that McPhee was suffering from Post Traumatic Stress Disorder after being assaulted in 2010.
He said: “There is a degree of victim empathy from the accused. He has also made serious attempts to tackle his drug problem and has made serious attempts to find employment.”
Passing sentence, Lord Boyd ordered McPhee, who has previous convictions for violence and dishonesty, to be supervised by the authorities for two years following his release from custody. He added: “This was a terrifying and frightening attack. You have an appalling record.”