A "serial thief" from Basingstoke who used stolen credit cards to buy over £100 of cigarettes has been given a suspended prison sentence.
Benjamin Graham John stole cards from a Mulberry handbag - valued at £1,200 - which he had found lying in a woodland off Deep Lane in January, and then used them in Morrisons and a newsagent on Worting Road.
The handbag had been stolen from a house on Lower Brook Street that morning, with the victim saying that she had not been able to use it since it was returned as she felt it was "contaminated".
John, who had several previous convictions for burglary and had been given a curfew just months before the incident, was spared an immediate prison sentence after the judge said there was a "realistic prospect" he would be rehabilitated.
Prosecutor David Maunder had told the court how the victim was awoken by the sound of someone downstairs in her Brookvale home early on the morning of January 29.
She had presumed it to be her nephew, who was living with her, but when she eventually went downstairs an hour later she discovered her handbag was gone and the back door open.
Mr Maunder said: "It was shortly after that that she received notifications that her card had been used at the Worting Road newsagents."
He told the court that several transactions were attempted, and the successful transactions used to purchase cigarettes came to £119.10.
47-year-old John was spotted on CCTV using the cards, and was initially investigated and charged with the burglary.
However, an electronic tag he was wearing revealed that he had been at his home, in nearby Attwood Close, at the time of the burglary.
He instead pleaded guilty to seven counts of fraud by false representation and one count of handling stolen goods at a hearing earlier this month.
Defending him, Berenice Mulvanny acknowledged his "bad record" of offending and that John would have "no complaints" if he was sent straight to prison.
But, she argued, he had expressed "genuine regret and remorse" during his two months in custody since being arrested, and had completed a number of courses on drug awareness.
"He has been trying to do as much as he possibly can whilst being on remand," she told the court.
"Rehabilitation options in custodial settings are limited, they are on 23 and a half hour lockdown, leaving their cells for a shower every day. The options available are incredibly limited.
"Mr John has so far resisted any temptation to use drugs whilst on remand, despite their availability.
"Mr John clearly has some complex difficulties. If you sentence him to an immediate custodial sentence, his risk of reoffending will increase."
Sentencing John to an eleven week prison sentence, suspended for a year, Recorder James Bromige said: "You are 47 years old, and are a serial thief and petty criminal.
"You came across a discarded handbag and you must have known it was suspicious. You examined the bag and took out two bank cards. I have no doubt that had the transactions not been declined you would have carried on your offending.
"Whilst you had no specific knowledge of the burglary, you were aware that a bag had not been discarded.
"Like so many drug users, you resort to petty crime without realisation of the impact on your victims."
He was also given a curfew between 7pm and 7am for the next two months, and ordered to carry out 25 rehabilitation activity days.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article