A Swindon man has been convicted of burglary after being caught in the most unusual of circumstances.
Frederick Moulton, 53, of Booth House, Spring Close, Swindon admitted charges of burglary of a dwelling and possession of a class B drug when he appeared remotely at Swindon Magistrates' Court on Thursday, 18th June 2020.
Burglary of a dwelling is an offence under section 9 of the Theft Act 1968. It is triable either way and has a maximum sentence of 26 weeks' custody on summary conviction or 14 years' custody on conviction on indictment.
Possession of a controlled drug is an offence under section 5(2) of the Misuse of Drugs Act 1971. It is triable either way and, in the case of a class B drug, has a maximum sentence of 26 weeks' custody on summary conviction or 5 years' custody on conviction on indictment.
Prosecutor Kate Prince described the circumstances to the court.
She said that Moulton got trapped in a window as he attempted to break into the ground floor flat in the town's Groundswell Road just after midnight on Thursday morning.
As chance would have it, the flat was virtually empty as it was being refurbished. Nothing was stolen.
Unable to release his trapped leg, which was now dangling outside the window, the 53-year-old decided there was no other option but to dial 999 for the fire brigade.
The fire brigade attended the scene and called the police when it became apparent that Moulton shouldn't have been dangling out of the window during the early hours of the morning.
Although not specifically mentioned in media reports, it is likely that the drugs - a small amount of amphetamine - were found when police searched Moulton after his arrest.
When interviewed by police, wheelchair-bound Moulton said that he had spotted scaffolding outside the property, noticed a window was slightly ajar and tried to climb through it.
He admitted that he intended to find something to steal, which he could sell to raise funds to cover an outstanding amphetamine debt.
Ms Prince told the court that Moulton had a lengthy record for burglary and was subject to post-sentence supervision at the time of this latest offence.
Mark Glendenning, mitigating, acknowledged Moulton's antecedence, but highlighted that most of his previous burglaries, bar one exception last year, had been of commercial premises.
He explained that Moulton had experienced difficulties in claiming benefits during the lockdown period and was under pressure to repay for some amphetamine.
Addressing Moulton, Presiding Justice Natalie O'Connell said: "It's obvious from your previous convictions you are very familiar with the court proceedings and from this offence you've heard it was an empty property. You got stuck climbing out of the window.
"You're on post-sentence supervision, you're now 53-years-old. You don't need me to tell you that you need to work with probation and look at the way you live in the community."
Moulton was sentenced to an 18 month community order, with a requirement to do a thinking skills programme and up to 10 days rehabilitation activity.
He was also ordered to pay £180 in victim surcharge and prosecution costs.
The court also made an order for the forfeiture and destruction of the drugs.
In a tweet shortly after Moulton's arrest, Wiltshire Police's Inspector Louis McCoy said: "Interesting one for the team tonight. A burglary arrest with a twist.
"The suspect got stuck mid job and had to call @DWFireRescue to rescue him.
"Funnily enough, they called us and he's now in custody.
"In 17 yrs in policing, it was a new one on me..."
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