Livingston thief given a year's term

Oct 1 2009 by Debbie Hall, West Lothian Courier

A THUG who robbed a taxi driver and stole from two supermarkets has been jailed for almost a year.

Malcolm Miller (21) of 41 Fernbank, Livingston, admitted stealing and being in possession of cannabis at Livingston Sheriff Court this week.

The court heard that Miller pleaded guilty to threatening and brandishing a bottle at a shop worker in the Spar store at Nigel Rise, Livingston on November 13.

He admitted stealing a quantity of groceries from Asda in Livingston on September 7 and to being in possession of a class-B drug at Livingston Police Station on September 1.

He also pleaded guilty to stealing a money bag containing £40 from a taxi driver in Lenzie Avenue, Livingston on August 27.

The court heard that at around 4.30pm on November 13, a shop worker at the Spar in Livingston saw Miller enter the store and walk towards the alcohol section, then towards the back of the shop.

The assistant then saw him walk towards the door with a large bulge under his jacket.

The assistant asked him to stop to which Miller replied: “It’s my drink, I’ve already paid for it”.

The shop assistant alerted another employee who was working above the store, they shouted at Miller to stop but he replied by swearing at them.

The worker approached Miller but as he did so Miller reached under his jacket and pulled out a bottle of beer, which he held above his head. He said: “If you come towards me I will hit you over the head with this bottle.”

The employee then contacted the police and Miller was identified using CCTV footage.

The court then heard that on August 31 police officers had cause to detain Miller and he was taken to Livingston Police Station where he was searched and officers found a brown substance.

They asked Miller what it was and he replied it was “hash.” The officers asked what he meant and he said “cannabis.”

The court also heard that at around 9.45pm on August 27, a taxi driver picked up Miller from Heatherbank in Livingston and drove him to Glen Crescent, Livingston.

He agreed with the driver that he would wait for him to come out again and gave the driver £5 as security.

Miller returned and asked to be taken to Lenzie Avenue.

The driver said he would take him there for free as he was going that way anyway and gave Miller back his £5.

When they arrived at Lenzie Avenue Miller asked the taxi driver if he could have five pound coins for a £5 note and when the driver got out his money bag to check, Miller snatched it and ran out of the car.

The driver reported the theft – of about £40 – to the police and Miller was again later identified.

Finally the court heard that at around 3pm on September 7 Miller was seen in ASDA in Livingston acting suspiciously.

The employee thought he had been caught stealing before and informed another member of staff before Miller was seen exiting the store.

The employee followed him and asked him to come back to the store, he agreed and when he was searched a carrier bag containing groceries worth around £69 was found.

Miller’s defence agent said his client had suffered depression and anxiety recently following the deaths of two of his friends and had suffered a terrible childhood.

“This is a man who clearly requires some form of help and has done for a long time,” said the lawyer. “He has major psychological problems.

“Many of his problems have been caused by his childhood and adolescence, he has had a difficult time and that has been reflected in the reports.

“He doesn’t have any adult to support him and is having to cope with all these difficulties himself.

“Here is a young man who has had no start in life and no guidance from any appropriate adult.”

But Sheriff Marton Edington was not swayed and jailed Miller for 355 days, adding: “The court has no option but to jail you.”

Miller’s sentence was backdated to September 8.