[2025] EWCA Crim 1235

At around 4 pm on 16 February 2025 a security guard at a Sainsbury's store who recognised the applicant tried to stop him from entering the store on Kilburn High Road. The applicant evaded the security guard and staff could see that he had a sharp object in his hand. The applicant was aggressive to staff. He swore at them and made lunging movements towards them. The staff tried multiple times to get the applicant to leave the store. Eventually he left some ten minutes after he had entered.

In a victim personal statement the security guard, Mr Jalal, reported that he had found the incident scary because he felt that the applicant was trying to attack him with a sharp item. Another security guard, Mr Ouzenadgh, reported that he found the incident incredibly stressful. He could not relax and was finding it hard to speak to his own children, such was the effect upon him.

At 4.15 pm on the same day, the applicant entered a Boots store on Kilburn High Road. He walked to the back of the store, where he began to pick up valuable items. A staff member began to film him as he recognised the applicant from previous occasions. The applicant ignored requests for him to leave the store and was seen to have a sharp object in his hand which was thought to be a screwdriver. The applicant picked up some electrical goods and walked out of the store.

Police officers attended shortly afterwards. It was discovered that the applicant had taken two hairdryers from the store. Thereafter, he was spotted running down Kilburn High Road where he was detained by police officers. He was in possession of two boxes containing hairdryers, one of which still had the security tag attached to it. The applicant was arrested and searched by police officers who found a screwdriver in his possession. In interview he made admissions to the offences, stating that he had been homeless and wanted money for cigarettes. He may also have said that he wanted money for food, although that does not appear from the summary of the interview. However, he did say that to the author of the pre-sentence report.

The applicant was of previous good character.

A pre-sentence was prepared. The applicant denied aspects of the offending and denied carrying the screwdriver for protection, as he had asserted in police interview, but rather said that he used it to removed security tags from items he wished to steal. It was noted that he had not considered alternatives to stealing, such as contacting Migrant Help or similar charities.

He reported that he had arrived in the United Kingdom via a small boat on 12 December 2024. He denied having asked to be deported in his police interview. He stated that he came to the UK from Iraq for humanitarian reasons, because his life was under threat there. He said that he had made an asylum application on arrival and had been placed in a hotel in London by the Home Office, but could not recall the name, address or area of the hotel. He reported being told to leave the hotel after four days and stated that he had been homeless thereafter. He said that he had made contact with Migrant Help, but they had not assisted him.

The information held by the Probation Service was that the applicant would not have been subject to a formal assessment by the Home Office and so would have no legal status in the UK, although it does not appear that that conclusion was confirmed by other records.

The judge also had before him a letter from the applicant expressing is remorse.