A swindler who performed an act of “awesome recklessness” by setting up a DIY power station in his own home has launched an appeal against his conviction.
Charles McKenzie, 57, was given a community payback order in 2013 after setting up one in his Dundee multi-storey flat in a bid to have free electricity.
There was a significant risk of a blaze starting, which could have had catastrophic consequences with the flat being situated 14 floors up.
In March this year, McKenzie was jailed for 14 months after he breached his payback order by subsequently stealing electricity and metal.
Sheriff George Way labelled the repeated offences as “unbelievably stupid” and “awesome recklessness”, but now McKenzie is seeking to quash the conviction on June 30.
He has already been refused an appeal to overturn the length of his sentence.
McKenzie’s hearing will call at the High Court of Appeal in Edinburgh.
The authorities were first alerted to McKenzie’s actions following a complaint from a neighbour.
The police and fire service were called to his home at 3am on August 28 2012 due to a strong smell of petrol and the sound of drilling from his flat at Dudhope Court.
The generator was found to be hanging from the ceiling, giving off potentially lethal carbon monoxide fumes.
It was connected to a transformer and a car battery with an extension lead running to his living room.
Two petrol cans lay beside the generator — making the scene even more dangerous — as McKenzie was a smoker.
His defence solicitor, Michael Short, claimed at the time that his client lived alone in a flat that was too big for him and the electricity system had been cut off because he hadn’t paid bills.
Sheriff Way initially said jail appeared to be his only option, but took a lenient view on the matter because McKenzie had reached a stage where he was making desperate decisions.
But Sheriff Way met McKenzie again in March of this year, when he admitted a charge of culpable and reckless conduct.
Again, Michael Short, defending, said his client was unable to pay the power bills because the Government wouldn’t assist him. McKenzie’s family wouldn’t help either as bridges had been burnt.
Sheriff Way said he had given McKenzie the benefit of the doubt the last time around, but the further instance of stealing electricity was enough to send him to prison.
Earlier this year, a dad and his seven children were found dead at their home in Maryland, USA, after they were poisoned by carbon monoxide fumes from a generator used after their electricity supply was cut off.
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