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Sunday, 21 August 2011

Appeal overturns mum Ursula Nevin's jail sentence over looted shots

A woman jailed for accepting a pair of looted shorts from her housemate has walked free after her sentence was reduced on appeal.

Mother-of-two Ursula Nevin, 24, was jailed for five months by a district judge last week after she pleaded guilty to handling stolen goods.

Recorder of Manchester Judge Andrew Gilbart QC today ruled the decision was "wrong in principle" as he ordered her to perform 75 hours of unpaid work for the community instead.


Greater Manchester Police last week apologised on Twitter after a previous tweet in praise of her sentence.

The strong sentences handed out to many caught up in the riots which hit major English cities last week have caused much debate, with some suggesting appeals will see jail terms much reduced.

Nevin was in bed at the time of the widespread disorder in Manchester city centre where her lodger, Gemma Corbett, helped herself to clothing and footwear from the Vans store and then took them back to the house they shared in Stretford, Greater Manchester.

Nevin wailed in the dock at Manchester Magistrates' Court last Friday as District Judge Khalid Qureshi told her she was supposed to be a role model to her two young sons and criticised her for not speaking up and ordering the stolen haul to be moved out of the house.

Judge Gilbart said today he had indicated in previous sentencing remarks on looters that a distinction could be made for people receiving stolen goods who had not been physically present during the disorder throughout Manchester city centre and Salford shopping precinct last Tuesday.

"Ursula Nevin did not go into Manchester city centre," he said. "We regard it as wrong in principle that she was subject to a custodial sentence.

"She must pay some sentence because she knew where the goods had come from.

"Seventy-five hours of unpaid work appears to be the appropriate figure bearing in mind the guilty plea."

Addressing Nevin, who had no previous convictions, he said: "You must have found yourself, in the circumstances of the last week, trapped in a circle of hell.

"The way you never get into that situation again is to show the courage to say 'no'.

"I am sure the courts will not be troubled by you again. Leave now and look after your children."

The defendant cried as the sentence was reduced, as did family members in the public gallery, including her mother.

Today's hearing at Manchester Crown Court was thought to be one of the first appeals to be heard on a sentence given at a Magistrates' Court involving the disturbances across England last week.

Michael Morley, prosecuting, said it was "perhaps to the misfortune" of the defendant that she had rented a room to Corbett, who was the sister of Nevin's then boyfriend.

Corbett - who was also jailed for 18 months today - went into the city centre with at least one other person on the evening of August 9 and later returned to the house after midnight.

Police received a tip-off that call centre worker Corbett, 24, had been boasting about her exploits by showing off photographs of the stolen goods on her mobile phone.

Corbett was arrested at her workplace in Sale two days later and police went on to search the shared house in North Lonsdale Street.

Mr Morley said: "The defendant said she was aware of Gemma Corbett bringing a number of items home.

"She had tried on one pair of shorts and kept them."

Richard Vardon, defending, said his client had been "torn" with feelings of loyalty to her boyfriend.

He said the "doting" mother had been separated from her children for the first time in their lives.

"She has been devastated by that period of separation and devastated by her first period in custody," he said.

"This is a young lady who has never been arrested.

"In her own words she says she is absolutely disgusted by those who wreaked havoc in this city.

"She is ashamed and humiliated in appearing before a public court. Hers has been a very public humiliation.

"This defendant was no part of any involvement in the looting on the streets of Manchester."

Judge Gilbart interjected: "Which is why it was wrong to send her to prison."

Mr Vardon continued to explain her part was to allow her lodger to return with the stolen goods as she was woken up while her children slept.

"She was put in a terrible posiiton," he said. "The following day she was offered a pair of shorts which, quite foolishly, she accepted."

"This offence was brought upon her by others, one who made no comment to the police.

"She has been incarcerated in an environment which she found extremely challenging."

The court was told that her relationship with her boyfriend was now over, although he sat in the public gallery to support her.

Earlier, the court was told that Corbett had got out of bed when she heard people discussing the disturbances in the street.

She put on a black hooded jumper and drove into the city centre with two or three others.

Mr Morley said: "On Church Street she saw the Vans store had already been broken into and at the time police were there standing guard.

"As it happened the police had to move on to another location to deal with other disturbances. When they moved on, she and her accomplices ran into the store.

"She picked up some items, dropped them into the car and then went back into the store.

"She said she did it because she was in debt and planned to sell them for money. She told the police she was disgusted with herself."

Corbett made off with four pairs of trainers, two pairs of shorts, a rucksack and a bag, totalling £625.

She pleaded guilty at Manchester Magistrates' Court last week to burglary.

David Toal, defending, said: "She has realised what she has done. The only evidence is that which came from her own mouth."

He said she had made frank admissions about her guilt at the earliest opportunity, in contrast to a male accomplice who made no comment to the police on the matter.

Corbett had a previous conviction for theft in January 2010, related to a shop where she was working, and was ordered to perform 80 hours of unpaid work.

That offence was committed when she was at a "low ebb" because of relationship problems and the breakdown of her parents' marriage.

However, she had got her life back on track by living with her friend, Mr Toal added.

"She had got temporary employment... Weeks before this offence she was offered a permanent position.

"It seemed at that moment everything was looking up.

"It all came crashing down on the 9th of August. Her life has now hit rock bottom.

"The only shaft of light this case has brought for her is that her relationship with her mother is even stronger."

Sentencing her, Judge Gilbart said: "You made two trips to make sure you had enough.

"I regard this as a bad case. This was an expedition into the city centre when you knew the disturbances were under way and involved the looting of shops when the police's backs were turned."

He said he was sorry to hear of her personal difficulties but said those with similar problems did not go out and commit crime.

He did say, however, that he was impressed with her "candour" and would keep the sentence at the "very bottom of the range".

With a range of between two and five years for an offence of this kind, he said he would have jailed her for two years and three months after a trial.

Taking the guilty plea into account, he imprisoned her for 18 months.

Corbett sobbed at the verdict, as did her family in the public gallery.

Before she was led down from the dock, her mother went over to her and said: "Gemma, I love you. Keep strong."

 

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