£280 court bill for homeless thief who asked for jail after stealing 50p water bottle

Edvardas Tupciauskas, aged 28, of no fixed address, admitted the theft from Sainsbury's Local in Victoria Square at Wolverhampton Magistrates' Court.

He was also charged with assault by beating, racially aggravated harassment, using abusive language to cause harm and distress and obstructing a police constable in the execution of his duty.

The theft took place on January 11.

Magistrate Mr Terry Close ordered that Tupciauskas, who has been in the UK for three years, pay a total of £280, including £50 compensation for the assault victim, £150 compensation for the verbal abuse victim and a victim surcharge of £80.

Compensation to Sainsbury's for the 50p bottle of water was not requested as magistrates' considered that the administration cost of processing such a small amount would not be worthwhile.

Magistrates said that if the defendant fails to pay any of the outstanding money owed, he will appear in court again on June 9 where it is likely he will be sentenced to two weeks in custody.

For the assault charge, Tupciauskas was given a 12-week custodial sentence suspended for 12 months. For the racially aggravated verbal abuse he was issued with a further 12-week prison sentence suspended for 12 months and for the obstructing an officer in the execution of his duty charge, Tupciauskas was given another four-week custodial sentence suspended for 12 months.

All the sentences are to run concurrently.

The offences took place after Tupciauskas stole the bottle of water and was approached by a security officer, who asked if he was going to pay for it.

The officer called for assistance from another staff member after the defendant became aggressive.

A scuffle broke out, with Tupciauskas verbally racially abusing one of the men before the police were called.

Tupciauskas continued to be aggressive to police officers, refusing to leave the store and to get into the police vehicle, so officers had to conduct a knee strike to make him comply.

Once at the station, the defendant continued to resist officers who had to then physically take him into the cells.

Magistrate Mr Close said: "I have to tell you that it is not up to a defendant to want to go to jail just to get a warm bed and food.

"The offences with which you are charged are particularly nasty and this court will not tolerate this sort of behaviour."

Mr Andrew Chowdhury, defending Tupciauskas said: "My client has expressed a wish to receive a custodial sentence because he is of no fixed abode and it may prove difficult for the probation service to correspond with him on a community order or otherwise if he is without an address."

A spokeswoman for the probation service said: "Just because a defendant would like to go to prison to no longer be homeless does not mean it is the most appropriate sentence for them.

“This man has found accommodation on his own before and has previously worked, so there is no reason why he cannot achieve this again.”