Cake thief's four unwise words see prison sentence shoot from months to years

A cake thief’s jail sentence was “escalated from months to years” when he said four unwise words as he was.

Michael Smith was in a convenience store with another man and two women when they were asked to leave as staff recognised his friend as . The other three agreed to leave but Smith refused and demanded to speak to the manager, who threatened to call the if he did not go right away. On his way out he grabbed several cakes with a value of £25 and when the manager and a customer tried to stop him he shouted the words which cost him years of his life : “I’ve got a knife”.

READ MORE:

Liverpool Crown Court hears yesterday afternoon that Smith entered the One Stop on Greenfield Road in St Helens at around 7.30pm on March 16 when the staff identified a male he was with as a "regular shoplifter". Paul Blasbery, prosecuting, described how that man and the women exited the store, but Smith refused, saying: "You don't know I'm robbing. You don't know I'm with him. I'm not stealing and you can't make me leave. I want to speak to your manager."

An employee told the 36-year-old she was the manager and threatened to call the police. Smith moved toward the exit and "grabbed multiple boxes of cake from an aisle", attempting to leave with the goods without paying. When the staff member and another customer tried to stop him, Smith began repeatedly shouting "I've got a knife".

"With those four words, 'I've got a knife', it has escalated from a sentence which would have been measured in months to one measured in years," John Rowan, defending, told the court, reports. Smith was identified by police from CCTV footage, and when he was shown these clips after his arrest, he told detectives that he "didn't believe it was him" but agreed the offender "looked like him".

Mr Rowan told the court: "This is a case which has escalated from a shop theft, which would have resulted in weeks or months imprisonment, to a momentary and unpleasant but impulsive outburst with the intent to be able to leave the shop. With those four words, 'I've got a knife', it has escalated from a sentence which would have been measured in months to one measured in years.

"Mr Smith is deeply remorseful for that. The taking of those cakes was, in essence, in defiance of the argument that was going on. It was, perhaps, petty behaviour. Clearly, the shop assistant would not have known whether he had the knife. He wants it known that he did not have a knife.

"The issue in Mr Smith's life has primarily been substance misuse, complete with periods of homelessness, unemployment and, essentially, a transient lifestyle. He has a nine-year-old daughter but has a tumultuous relationship with his partner.

"He has times where he is living with her with no issue, but there are times when Mr Smith is asked to leave the home address. He associates with people he should not associate with, taking drugs and getting involved in a multitude of offences.

"Mr Smith describes the lead up to this offence as quite a stable time with his partner. Unfortunately, as is quite often the case with him and his partner, there was a falling out, and she kicked him out of the house. Unfortunately, he then started back on substances, had nowhere to go and was associating with those individuals who, it appears, were recognised at that shop for shop theft, and the incident occurs.

"It is hoped that his time in custody will be a structured time for him to reflect carefully on where his life is heading. He is still a relatively young man. He knows that committing further offences is only going to result in longer and longer sentences."

Smith admitted one count of robbery. Appearing in the dock wearing a grey prison issue jumper and sporting short brown hair and a beard, he nodded and appeared to wipe away tears as he was jailed for 30 months. Smith has a total of 27 previous convictions for 49 offences dating back to 2005, including assaults and possession of drugs. Smith admitted one count of robbery.

Sentencing, Judge Stuart Driver KC said: "You claimed that you had a knife, and your victim believed you. Your victim was working as a member of store staff, an occupation which makes people vulnerable because it brings them into contact with the public. They require the protection of the courts.

"It is made worse by your record. You have 49 previous convictions, including a number for violence. In mitigation however, this was impulsive and unplanned and you did not have a knife. You have a history of substance misuse and all of the associated personal problems. I take into account the current prison conditions and that this will be your longest sentence."