Burglar locked up after stealing from Chinese takeaway weeks after being spared jail by the same judge

A burglar has been jailed after he stole food from a Chinese takeaway while on "auto pilot" just two weeks after he was spared prison by the same judge for a similar offence.
Lee CowellLee Cowell
Lee Cowell

Lee Cowell, 37, walked into the back yard of Jim's Chinese Takeaway in Washington on the evening of July 23 to take frozen chicken and sugar.

Just a fortnight earlier, Cowell had stood in front of Judge Julie Clemitson who spared him jail after he walked into a family home and stole a laptop.

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He was handed a two year jail term, suspended for two years, as well as a nighttime curfew, for that offence - and was in breach of both when he thieved from the Chinese.

Judge Clemitson has now sent him to prison for 12 weeks after he pleaded guilty to burglary and breach of a suspended sentence.

Prosecutor Emma Dowling told the court: "The restaurant worker said he was working at about 7pm when he noticed on CCTV there was a male standing in the back doorway.

"He describes the restaurant as having a yard to the rear surrounded by a wall which has an outhouse, he keeps spare food and stores it here for the restaurant.

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"He challenged the male and asked what he was doing, but says he mumbled an inaudible reply but could see he had something under his jacket."

The court heard that Cowell eventually managed to escape over the wall despite efforts from the worker to pull him back down.

A brief statement read out on behalf of the worker said: "I would like to express my disbelief at what's happened. I only work with one other person and I fear for our safety."

The court heard Cowell, of Collingwood Court, Washington, has 36 previous convictions for 74 offences.

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Cowell had received the suspended sentence for a burglary back on New Year's Eve, where he entered a family home to steal a laptop - whilst the occupants were inside.

Tony Cornberg, mitigating, told the court: "He was in an almost auto-pilot function, and he can't recall why he was in the yard.

"If you take the drugs you will find yourself in a police station wondering what you did.

"He has showed promising early signs with probation.

"The drug rehabilitation programme could allow him to continue on the straight and narrow."

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Passing down the sentence, Judge Clemitson said: "You have had a drug problem for many years, and had some efforts to deal with it in 2015 and it kept you out of trouble for five years.

"It got the better of you again last time I saw you for which I imposed a suspended sentence to give you an opportunity.

"I told you at the time that it was your only chance - any slip up and you will go to prison.

"If you were in 'auto-pilot' there was every chance you would have committed something like that first offence.

"It's a serious offence, you were outside when you should not have been.

"You should have been at home as part of your curfew I ordered.

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"You stole items from the shop that they needed for their business."

As well as the custodial sentence, Cowell's original curfew and drug rehabilitation programmes have been extended by two months.

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