A Dundee man was praised by Sheriff Tom Hughes after turning down a prison sentence which would have seen him released almost immediately.
Instead, Martin Gaughan, 31, c/o Cyrenians, Brewery Lane, chose the “more difficult” option of being remanded in custody for reports in an attempt to address his long-standing alcohol addiction.
He was offered either four months in jail by Sheriff Hughes, which would have been backdated to when he was first put behind bars in August, or take the chance of being remanded for reports in an attempt to address his alcohol addiction.
Gaughan chose the latter course and Sheriff Hughes remanded him in custody for reports until next month.
He was found guilty after trial of being found in the curtilage of a house in Milnbank Road on August 21 where it could reasonably be inferred he intended to commit theft, while on bail.
Gaughan had denied the charge, stating during the trial he had been looking for somewhere to hide scrap metal until the local scrapyard opened the following day.
He told the court he lived in a homeless unit and did not think they would approve of him taking scrap metal back there at 10pm.
However police found him in the garden of the house after being alerted by a witness, who identified him as the same person they had seen in the garden earlier.
Finding him guilty, Sheriff Hughes told Gaughan, who has a lengthy list of previous similar convictions, that he would take a “very unusual step” of offering him a choice of sentence.
He said he could either take a prison sentence of what would have been four months or agree to the sheriff calling for reports to address his alcohol problems, which would mean being remanded in custody.
Gaughan chose the latter and the sheriff told him he was to be commended for choosing the more difficult option, adding: “I will open the door to allow you to check this course of action.”
Sentence was deferred until October 21.