Court / Man avoids prison sentence
A MAN from Virkie who took bank cards from two people and used them to buy goods in Lerwick shops has been sentenced at court.
Stuart Duncan, 44, previously admitted at Lerwick Sheriff Court to using the cards to purchase goods from shops in the town on three occasions on 12 March and 20 June.
The total value of goods bought through this fraud – which included alcohol and groceries – came to around £130.
Duncan had also pleaded guilty to smashing another person’s rear car window in Virkie on or between 22 and 23 June, and threatening violence against someone and their property through Facebook messages and SMS texts.
In addition when appearing at Lerwick Sheriff Court on Wednesday, Duncan also admitted a charge which stated that it could be inferred that he intended to commit theft at a house in Cunningsburgh on 26 May.
Procurator fiscal Duncan Mackenzie previously told Lerwick Sheriff Court that Duncan using the bank cards was a “breach of trust”.
The court previously heard that the threats of violence were issued against the owner of one of the bank cards.
Mackenzie had told court that Duncan then also smashed a window in that complainer’s vehicle.
Regarding the incident in Cunningsburgh in May, the court heard that the property had been left unsecured.
Someone else entered the property while Duncan, who had a rucksack, was inside – with the accused then making off on a bicycle.
When the case reappeared at Lerwick Sheriff Court on Wednesday, defence agent Tommy Allan said the offences happened at a time when Duncan’s behaviour was “spiralling out of control”.
However he said Duncan has “now changed course” in relation to an addiction and suggested that generally he was on the “cusp” of a new beginning.
Allan added that the owner of the Cunningsburgh property was an “acquaintance”. “There had been previous dealings between the two of them,” he added.
Sheriff Ian Cruickshank said he had been “very disturbed” to hear about the Cunningsburgh offence.
The sheriff discussed the prospect of a prison sentence for this offence, but said once various discounts had been applied to the maximum three-month term, Duncan could have been looking at spending only four weeks behind bars.
Instead, Sheriff Cruickshank decided to impose a community payback order.
Across all offences he was placed under supervision for 18 months and given 300 hours of unpaid work to complete.
He was also told to pay more than £300 in compensation relating to the bank card fraud offences and the damage to the car window.
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