Former junkie David Downey, who stole from the same store twice, was in danger of getting more drugs by going back to prison, a court heard.

Downey's barrister Laureen Fleischmann pleaded with a judge to give him another chance and not send him back to jail.

She said: "The sooner he gets off drugs the better. The longer he stays in the prison system the more likely he is to get drugs.

"That is the unfortunate thing about the criminal justice system."

Miss Fleischmann was granted her wish by the judge, Mr Recorder Warner, at Basildon Crown Court.

Downey, of Chichester Road, Southend, received a three-year rehabilitation order on condition he attends a good behaviour probation programme.

Robert Neill, prosecuting, told the court Downey became desperate for drugs money and threatened a manager at the Spa supermarket in Rochford. He warned the manager: "Don't move or I will cut you."

Mr Neill said the defendant snatched £640 from the till and was so pleased with himself he returned a few days later.

Downey, 25, told the same terrified manager: "It's the same person from last time. Open the till." The defendant then grabbed £70 and fled.

The money was never recovered and Downey was next seen at B&Q store in Southend. He stole a £50 security alarm system.

He later said he took the goods to sell and used the cash to buy more drugs.

Downey pleaded guilty to three thefts. He has previous convictions for offences including burglary, robbery, and having an offensive weapon.

Published Tuesday January 13, 2004

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