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A 29-YEAR-OLD man suffering from muscular dystrophy is now terrified of living in his home after thieves walked in and stole all his computer equipment, Dundee Sheriff Court was told.
John McMillan (29), of Knowehead, Kirriemuir, yesterday admitted that, with other persons on April 30, he stole a laptop computer, Playstation and a quantity of games from a house in Kirkton, Dundee.
Depute fiscal Sandy Mitchell said the occupier was a 29-year-old man suffering from muscular dystrophy. He had very poor mobility, he could not use his legs and had great difficulty in raising his arms. He has a wheelchair but normally simply shuffles around his home on his backside, said Mr Mitchell.
Due to his profound difficulties the man spent much of his time at home with his laptop computer and his games. A lot of friends in the Kirkton area visited him regularly and when expecting them he simply left his front door open.
Around 11pm on April 30 he was alone, sitting on the living room floor using his laptop. He heard the front door open and turned to see two men he did not know, one of them the accused.
The householder was terrified and could only watch as the accused ripped his computer from the leads and began grabbing games from the TV stand.
The second man brought some carrier bags from the kitchen and both men filled them with Playstation games consoles, controls and games before leaving.
The householder then called the police and an officer en route to the house had to brake sharply when McMillan ran across the path of his car.
He got out of his car and gave chase and heard the accused climbing over back garden fences in the Balgowan Avenue area. He also found three discarded carrier bags with computer games and equipment inside. He summoned other officers who cordoned off the area and the accused was detained.
A further search of the area was made and two other males were found in possession of another carrier bag containing a quantity of similar items.
The men said they had found the bag.
Mr Mitchell said that the value of the property stolen amounted to £2015 and the value of property recovered £1015. The laptop and some other items were never recovered. He said the incident had had a devastating affect on the victim, who was terrified of living in his own home after eight peaceful years there.
The victim depended on his laptop as a lifeline to the outside world and to his work as a chatroom navigator. His equipment was not insured and he is unable to replace it.
An agent for McMillan said his client did not seek anything other than a custodial sentence.
He said McMillan had been drinking in Dundee and had met two other people who were friends of his cousin.
After leaving the pub drunk, they went to a supermarket on two occasions for more alcohol.
One of the men suggested they go to the victim’s house, as he knew him, and they would get even more drink.
McMillan did not know the victim and had no idea of his disability, however he accepted that he participated in the thefts.
The two other people, one of whom stayed at the door while the other assisted McMillan, had not been prosecuted.
Sheriff Richard Davidson said there were two things in McMillan’s favour. One was that he accepted that the offence deserved imprisonment and the other was that he had accepted his guilt at the earliest opportunity.
However those were the only two things in McMillan’s favour. The sheriff said he accepted that the offence was not premeditated and that McMillan had no knowledge of the complainer’s disability.
However it ought to have been apparent immediately that the victim was severely disabled and even in his drunken state McMillan should have realised the computer and equipment and games were vital to him.
“The consequences of your behaviour is that you have destroyed this profoundly disabled man’s confidence to live in his own home.
“Kirkton, the area in which he lives, is known to be a tough neighbourhood and it is encouraging that prior to your intervention the victim was able to live there quietly and confidently so I hope you understand that his life has been completely devastated.
“Had you not pled guilty at the outset, the sentence would have been one of three years but because you accepted your responsibility immediately I will restrict the sentence to one of two years imprisonment.”
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