A Dundee man who is set to be made homeless after being sentenced to six months’ imprisonment was told by a Fife sheriff he had brought it on himself through his actions.
Martin Gaughan (28), whose address was given as Elders Court, was jailed by Sheriff Charles Macnair at Cupar Sheriff Court after previously being found guilty of being within a property in Newport High Street with intent to steal on May 21.
The court previously heard how Gaughan had made his way across the Tay Road Bridge by bicycle to see his mother, who lives in sheltered housing. Gaughan, who appeared from custody on Wednesday, had denied being in the property in Newport intending to steal something, although he was found guilty at a summary trial earlier this year.
Gaughan’s solicitor claimed his client had set out that day with good intentions and not to commit a crime. “There was no getaway car, there were no tools and his primary objective was unplanned this was not an expedition of theft out to Newport,” the solicitor argued.
He added that Gaughan had taken action to turn his life around and was on a methadone programme to wean himself off drugs, having strictly adhered to the conditions of a restriction of liberty order which had been placed upon him. He had also been given a tenancy of a property in Dundee.
The solicitor noted that, because he had served the equivalent of 128 days behind bars already, Dundee City Council was on the verge of declaring that property abandoned.
“Quite frankly (if he is sent to prison), he will be back on the streets,” he added, suggesting the council had given his client around a week or so in anticipation of the outcome of the hearing.
Despite that, Sheriff Macnair pointed out that the offence had been committed while Gaughan had been subject to a probation order a condition of which meant he was likely to be dealt with more harshly if he committed an offence.
A social work report into Gaughan’s behaviour had suggested he had been making “good progress” while on probation for another offence, although Sheriff Macnair questioned how this could be the case if he had breached the important stipulation of not committing another crime.
The sheriff told Gaughan, “You have an appalling record of offences for dishonesty including theft by housebreaking. You have been given opportunities to avoid a non-custodial sentence and you were put on probation in 2010, which you breached.
“The social work report says you are doing well on probation and it may be that you are doing reasonably well in turning up and presenting for unpaid work. But you were given that chance on the condition you do not commit further offences and after about a year you commit this offence.”
He said Gaughan himself had told social workers he had committed “petty theft” but the sheriff disagreed that the crime committed was in the petty category.
“I accept that the loss of housing is harsh and causes hardship but you’ve brought it on yourself,” Sheriff Macnair concluded. He sentenced Gaughan, who was previously staying in temporary homeless accommodation, to six months’ imprisonment, which was backdated to May 31.