A thief who took thousands of pounds from a vulnerable neighbour has been spared prison due to him transitioning.
Judge Robert Linford told Kyle Jay Andrew he was taking a "extremely unusual" course of action and would not be sending him to prison immediately, despite his "despicable offences" that deserved jail time.
This, said the judge, was because 26-year-old Andrew would currently have to be held at a women's prison – something the court heard from his defence barrister would affect his mental health, which he already struggled with – and in particular it would delay the process of his transitioning by months, if not years.
The court was told that Andrew, of Kemp Close in Truro, had taken, in total, £3,000 from his neighbour – although he only pleaded guilty to £1,500 of this being through theft, with the remainder being legitimate gifts.
Prosecutor Katie Churcher said that Andrew had come up with a long list of reasons while he needed the money from his neighbour, who was said to be vulnerable.
These included needing a locksmith, a train fare, a medical emergency and moving to Manchester.
In April last year the victim was in his flat in Truro when he was received a phone call from Andrew who "seemed very distressed."
The neighbour sent him some more money, but anticipated Andrew would come over, which he did, so met him outside. They walked to Lloyds Bank in the city and he withdrew cash for Andrew, then left and phoned the police.
However, the following day he was awoken by Andrew ringing his doorbell, trying to get into the flat.
Mss Churcher said: "[Andrew] was told to leave him alone. He was worried Mr Andrew would try to do something."
Four days on from this, the victim was asleep when he heard some sounds in his flat, only to find Andrew inside in the hallway.
"He asked what he was doing and [Andrew] said he needed £100 from him. He said he wouldn't leave until [the victim] had given him some money.
"He recalls being concerned for his own safety," said Ms Churcher.
Andrew tried to grab the neighbour's phone and during the course of a scuffle his fist impacted with his victim's cheek.
Defending Andrew, Emily Cooke said that he had suffered a traumatic childhood, which had led to mental health issues and also a drug habit. At the time of the offences, Andrew had been on cocaine and crack cocaine.
He also had issues with regards to his gender, she said, and that going to prison would "deepen that significant psychological issue."
Judge Linford sentenced Andrew to two years in prison for burglary and six months for theft, both suspended for two years and to run concurrently. He made no separate penalty for assault.
However, he warned Andrew: "If you mess this up you will be here in front of me and I promise you, if you commit any offence in the next two years you will be going inside for two years.
"Access the help you so clearly need."
He also issued a restraining order preventing Andrew from contacting his victim in any way for the next five years.
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