Knife-carrying Tesco thief avoids jail because blade was 'used for crafts'

Zachary Poolton pleaded guilty to theft from a shop and possession of a knife blade or sharp pointed item in a public place, when he appeared in front of city magistrates.

Nichola Ritchie, prosecuting, said that AT around 2pm on August 5 Poolton was in Tesco in Warndon, and went to the chilled section of the store.

Miss Ritchie said that when Poolton later moved to the self service area, he scanned some of the items but then made no attempt to pay before walking out of the store.

Miss Ritchie said: “He was stopped by security, and police were called. Officer searched him and found a lock knife. The defendant said he didn’t know it was an offence to have a lock knife.

“In interview he said he was homeless and hungry, and had no money to pay for those items.”

Miss Ritchie said Poolton had a number of previous offences, including for robbery, but no shoplifting crimes since 2012.

She added that the crown felt the offence of carrying the knife put it into category two of the sentencing guidelines, which would have a starting point of six months custody.

Mark Turnbull, defending, said the address he had given to the court of Wasdale Court, Worcester, was a care of address as in fact Poolton was homeless and moving around a lot.

Mr Turnbull said the items he tried to steal from Tesco was a pasta salad and a snack box, pointing out these were obviously items Poolton was planning to consume straight away as he was hungry.

“He simply stole them to eat,” Mr Turnbull said.

“There was no struggle before the arrest.”

Mr Turnbull said that as Poolton was homeless, he carried all his possessions in a bag and the knife was found at the bottom of the bag.

“When he was in prison, as many prisoners do, he took up modelling with match sticks,” the solicitor said. “He has continued to do that, and the knife is used as a craft knife.

“As the officer said to him when he was arrested, ‘it is technically a lock knife’. It was not in his pocket, or used to threaten anybody.”

Antony Fussey, chairman of the magistrates bench, said: “We feel this was an exceptional case outside the guidelines.

“You had to carry round your possessions with you, and the knife was obviously used for crafts.”

Magistrates gave Poolton a 12 month community order, including 20 rehabilitation activity days, and they banned him from entering Tesco in Warndon for three months.

He was ordered to pay compensation of £5.12 and a victim surcharge of £90 – a total of £95.12 which Poolton agreed to pay off at a rate of £5 a week.

The offence of carrying the knife was discharged when the case was heard last Friday at Worcester Magistrates Court.