A Staffordshire man has been jailed for stealing two black Labradors that were momentarily left outside a shop by their owner.
Malachy Doherty, 37, of McKinley Street, Tunstall, admitted charges of theft and failing to surrender to custody when he appeared previously at South Cheshire Magistrates' Court.
He was sentenced by the same court on Tuesday, 8th June 2021.
His accomplice, a 14-year-old boy, was convicted of theft in his absence when he failed to attend for trial. A warrant has been issued for the boy's arrest.
Theft is an either way offence contrary to section 1 of the Theft Act 1968. The maximum penalty for theft is 7 years in custody. We have previously written an article on the legalities surrounding theft.
Bernice Campbell, prosecuting, outlined the circumstances of the theft.
Local man Dale Robson had been walking the dogs, Denzel and Welly, in Nantwich town centre on the evening of Saturday, 27th March 2021.
He tied the dogs outside Marks and Spencer when he briefly nipped inside to make a purchase. Only a few minutes later he returned to find them missing.
Staff at the store alerted the police. A review of CCTV showed two individuals untying and running off with the dogs.
Shortly after the dogs were taken, the 14-year-old texted someone he knew and offered two black Labradors for sale.
It transpired that Robson had passed the dogs to his wife, Mary Doherty, 28, and asked her to take them home. She has admitted a charge of handling stolen goods and awaits sentencing on that matter.
In the hours after Denzel and Welly were taken their frantic owners searched the local area, but to no avail. A social media campaign also got underway, which resulted in the police receiving a tip off about the location of the dogs - Mary Doherty's property - three days later.
The dogs were recovered and returned to their very appreciative and relieved owners.
Mr Robson's victim personal statement was read to the court.
In it he said: "I cannot believe that someone can be so heartless as to steal two dogs who are members of the family."
Colin Drew, mitigating for the Dohertys, said they had experienced a torrent of social media abuse since they were linked with the theft of the dogs.
Malachy Doherty has even tried to take his own life, the solicitor said.
"He has been very, very emotionally disturbed in relation to this," Mr Drew told the court.
"The dogs were returned in good condition. Mary Doherty was looking after them well - maybe too well. It appears one of the dogs had put on a bit of weight. They were both being walked and fed."
District Judge Nick Sanders, sentencing, described dog napping as an "abominable offence".
He said: "This is not theft of a push bike. It's the theft of two family pets. I cannot begin to imagine the distress you caused that family."
Malachy Doherty was sentenced to 26 weeks' custody for theft, to be served consecutively with one weeks' custody for failing to surrender.
He was also ordered to pay £1,000 in compensation, £930 towards prosecution costs and £128 victim surcharge.
I am in total agreement with the Judge that this is the most horrendous of crimes.
Dogs are not just possessions - they are irreplaceable, much loved members of the family. You simply cannot put a monetary value on a sentient being that has such a strong, emotional bond to its master and family.
The view that the theft of dogs is comparable to the theft of property is totally misguided. I would be in full agreement with any future legislation that recognises the important status of pet dogs.
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