Crime Solicitors

A judge has been criticised for telling a Polish migrant in court on charges of shoplifting to stop stealing and claim benefits.

The Daily Express reports that Dawid Pomalecki from Poland started a shoplifting spree after arriving in the UK in October 2014 without a job. Pomalecki targeted perfume stores and was arrested at House of Fraser in Nottingham with designer perfume worth £144 on 17 November.

On 28 November, Pomalecki appeared at Nottingham Magistrates’ Court and was given a conditional discharge after admitting theft.

However, he went on to steal perfume from Boots in Nottingham the following day – and on 6 December stole another bottle of perfume worth £144 from House of Fraser in Nottingham City Centre.

On 11 December, Pomalecki returned to Boots and stole another bottle of perfume, the court heard.

On Tuesday (30/12/14) Pomlecki pleaded guilty to three charges of theft. District Judge Tim Devas told Pomalecki that if he were caught stealing again he would be sent to jail. Because of his age and guilty plea, Pomalecki was handed a community order and ordered to carry out 60 hours of unpaid work. The total amount of compensation he owes was also increased to £193.

Speaking through an interpreter, Pomalecki said he was aware that if he were caught again, the court would deal with him more severely – and added that he planned to get a job in the UK.

The court heard Pomalecki was unable to speak English – and had no idea of how to claim out-of-work benefits in Britain.

Judge Devas advised him to find out how to claim welfare benefits – and to give up stealing.

“Take some advice about benefits or anything else – but you must not commit any other thefts,” he told Pomalecki.

“For a number of reasons – including your age, early guilty pleas, nature of the offences and the time you have spent in custody – I will deal with you by way of a community order with unpaid work of 60 hours.

“Don't even think about stealing anything, otherwise I might send you back to Poland,” he added.

Pomalecki’s defence lawyer told the court that his client had “no income” and was likely to stop stealing “in the near future”.

However, the chief executive of the Taxpayers’ Alliance, Jonathan Isaby, has criticised the court’s decision to recommend that Pomalecki should claim welfare benefits.

“The benefits system should be a safety net, not a comfort blanket,” Mr Isaby said after the hearing.

“The judge's advice should have been to look for work, not for welfare.”

Duncan Lewis Criminal Lawyers

Duncan Lewis criminal lawyers can advise at any stage of a criminal charge, including charges relating to theft, robbery with violence, shoplifting, receiving stolen goods and manufacturing or distributing counterfeit goods.

Duncan Lewis criminal lawyers advise on serious crime and minor crime – and regularly visit police stations and courts, including youth courts.

Duncan Lewis is a leading firm of Legal Aid lawyers.

For expert legal advice on criminal charges and representation during interview under caution, call Duncan Lewis criminal lawyers on 020 7923 4020.

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