A MAN who had been out of prison for less than a week was back in court after stealing from a Barrow restaurant.

Andrew Nelson appeared before Furness Magistrates' Court on Tuesday charged with the burglary of Capuleti e Montecchi in Dalton Road, Barrow.

Mr Nelson, who has no fixed abode, pleaded guilty to charge which he says was committed out of desperation.

Mr Lee Dacre, prosecuting, said: "The owner of the restaurant had been in the kitchen and when he entered the main area he saw a male standing near the till.

"He saw him push the button to open the till, take notes and run out.

"A man who was having a meal also ran out and almost caught up with him but stood about eight feet away as he was cautious of getting too close.

"The defendant turned and shouted: "You might as well have this" and threw some of the notes from his hand into the street.

"Officers were called to the scene and caught him a short time later."

Notes to the value of £25 were recovered from the scene but the owner of the restaurant believes £50 is still outstanding.

Mr Michael Graham, defending, explained the defendant had become stuck in a cycle of re-offending as his financial state when he leaves custody inevitably sends him back to prison.

He said: "He had no finances and nowhere to live. He had only just come out of custody so had no benefits or employment in placed.

"He is tired and sick of coming out of custody, finding himself in financial difficulties and going back to prison.

"He found himself pretty much destitute and slept everywhere and anywhere.
"This was an act committed out of desperation."

Chief magistrate, Ian Skinnen, sentenced Mr Nelson to 18 weeks in custody.

He said: "This incident was aggravated by your previous convictions and the fact you have just been released from prison."

He was also ordered to pay court costs of £85, victim surcharge of £115 and compensation of £50.

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