23 Feb 2008
Judge's bid to 'make a man' out of mugger
A TEENAGER who mugged a cabbie has won his freedom in a bid to "make
a man out of him" and stop him offending.
Joseph McDonald had a long record even though he was only 17 and
Judge Beverley Lunt said structured assistance from the Probation Service
could be just what he needed.
Burnley Crown Court heard how the defendant had stole victim Syed
Kazmi's money bag and punched him.
The judge warned the defendant: "People who attack taxi drivers in this
town must expect a custodial sentence. The courts are going to protect
taxi drivers. They are serving the public during unsociable hours."
But she then spared him jail, saying support could help "make a man out
of him".
McDonald, of Nairne Street, Burnley, admitted robbery, last August. He
was given an 18 month suspended sentence of detention with a 90 day
intensive supervision and surveillance programme and a three month
curfew, between 8pm and 8am.
Jeremy Grout-Smith, prosecuting, told the court Mr Kazmi, who worked for
Kings Taxis of Burnley, picked up two men in the early hours from the taxi office.
During the journey he was concerned about the behaviour of the two men
who were whispering together in the back street and giving false
instructions.When they arrived at their destination, the man in the front
passenger seat got out, slammed the door hard and threw a bottle at the taxi.
Mr Grout-Smith said the defendant got out and approached the driver's
door and there was a tug of war between them. McDonald managed to
open the door and pretended he wanted to use the cigarette lighter, the
victim told him it wasn't working and the defendant then punched him hard
twice. He then grabbed hold of Mr Kazmi's money bag which he had had in
his lap and which he had been trying to hide.
The prosecutor said an "ugly" incident then followed, with a number of
youths gathered around, throwing stones at the taxi. Mr Kazmi drove off
and called police.
Mr Grout-Smith said the bag and cash were later recovered from the
defendant's flat. He was interviewed and said he had been taking cannabis
and drinking that night.
The defendant had previous convictions for damge, threatening behaviour
and burglaries and had been to custody.
Hugh Barton, defending, said it was putting it mildy to say McDonald had
had a turbulent upbringing.
He said McDonald had resolved that his behaviour could not go on. He was
now almost 18 and knew the future was longer and longer sentences if he
continued to drink to excess.
Mr Barton said the defendant had got a job two months before the offence,
had stopped drinking because of the hours and it had given him satisfaction.
Source: Burnley Citizen
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