Calendar An icon of a desk calendar. Cancel An icon of a circle with a diagonal line across. Caret An icon of a block arrow pointing to the right. Email An icon of a paper envelope. Facebook An icon of the Facebook "f" mark. Google An icon of the Google "G" mark. Linked In An icon of the Linked In "in" mark. Logout An icon representing logout. Profile An icon that resembles human head and shoulders. Telephone An icon of a traditional telephone receiver. Tick An icon of a tick mark. Is Public An icon of a human eye and eyelashes. Is Not Public An icon of a human eye and eyelashes with a diagonal line through it. Pause Icon A two-lined pause icon for stopping interactions. Quote Mark A opening quote mark. Quote Mark A closing quote mark. Arrow An icon of an arrow. Folder An icon of a paper folder. Breaking An icon of an exclamation mark on a circular background. Camera An icon of a digital camera. Caret An icon of a caret arrow. Clock An icon of a clock face. Close An icon of the an X shape. Close Icon An icon used to represent where to interact to collapse or dismiss a component Comment An icon of a speech bubble. Comments An icon of a speech bubble, denoting user comments. Comments An icon of a speech bubble, denoting user comments. Ellipsis An icon of 3 horizontal dots. Envelope An icon of a paper envelope. Facebook An icon of a facebook f logo. Camera An icon of a digital camera. Home An icon of a house. Instagram An icon of the Instagram logo. LinkedIn An icon of the LinkedIn logo. Magnifying Glass An icon of a magnifying glass. Search Icon A magnifying glass icon that is used to represent the function of searching. Menu An icon of 3 horizontal lines. Hamburger Menu Icon An icon used to represent a collapsed menu. Next An icon of an arrow pointing to the right. Notice An explanation mark centred inside a circle. Previous An icon of an arrow pointing to the left. Rating An icon of a star. Tag An icon of a tag. Twitter An icon of the Twitter logo. Video Camera An icon of a video camera shape. Speech Bubble Icon A icon displaying a speech bubble WhatsApp An icon of the WhatsApp logo. Information An icon of an information logo. Plus A mathematical 'plus' symbol. Duration An icon indicating Time. Success Tick An icon of a green tick. Success Tick Timeout An icon of a greyed out success tick. Loading Spinner An icon of a loading spinner. Facebook Messenger An icon of the facebook messenger app logo. Facebook An icon of a facebook f logo. Facebook Messenger An icon of the Twitter app logo. LinkedIn An icon of the LinkedIn logo. WhatsApp Messenger An icon of the Whatsapp messenger app logo. Email An icon of an mail envelope. Copy link A decentered black square over a white square.

Dundee man has conviction for stealing electricity quashed after police bungle

Charles McKenzie.
Charles McKenzie.

A Tayside man who risked the lives of his neighbours with a scheme to steal electricity has had his conviction quashed on a technicality.

The High Court in Edinburgh ruled that a 2013 search of Charles McKenzie’s home had been illegal in light of police officers’ failure to secure a warrant.

They had entered the 57-year-old’s flat in Dundee in haste amid concerns that a serious fire could break out.

McKenzie had rigged a dangerous contraption within the 14th floor property in Dudhope Court after his power was cut off.

The heavy smell of petrol and the sound of drilling alerted neighbours to the fact that he was up to something and police officers swooped on his home in September of that year following a tip that he had installed a generator to syphon off power from stair lighting.

They found it hanging from the ceiling, giving off potentially lethal carbon monoxide fumes and connected to a transformer and 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.

He was jailed last March for two separate offences of stealing electricity between May and September 2013 after a sheriff allowed evidence gained from the search to be used in the case against him.

His actions were described as “unbelievably stupid” and “awesome recklessness” by a sheriff who warned that he could have killed himself and neighbours.

McKenzie subsequently ordered lawyers to appeal the sentence and they argued that, no matter what was found within, the law enforcement officials should have gained a warrant before entering his property.

Lady Paton agreed and yesterday ordered the conviction to be quashed, despite the argument from prosecution lawyers that the police and SSE employees who also entered the flat acted legally because they were concerned with health and safety implications.

In a written judgment issued in Edinburgh she wrote: “We are not therefore satisfied that what occurred in this case justified entry without a warrant.

“The evidence obtained on entering and inspecting the flat was inadmissible and the defence objection to that was well founded.

“It is our view that it is insufficient on its own to justify a conviction of theft of electricity. Accordingly, we allow the appeal.”

Police Scotland acknowledged the finding of the High Court and said it would review the incident to see “if there are any lessons to be learned”.