A FATHER and son have been jailed after breaking into a dying man’s flat to get more drink during a boozy session.
Appearing in Chester Crown Court, Gary Newman, 46, and his son Carl, 25, both admitted to committing burglary at the Plas Dinas flats, off Blacon Point Road and Nevin Road in Blacon, on October 1 last year.
Newman senior also admitted being in breach of a 24-week prison sentence suspended for two years for being in possession of a blade.
The court was told the pair had lived in the same building as the man they burgled and that they knew he had been admitted to hospital a few days before they struck.
They did not know the extent of his illness but the man, who had lived alone, died shortly after the crime took place, on October 28.
Prosecuting, Anna Pope said the two men had entered the flat by damaging the front door and had made several trips into the residence where they stole a variety of items.
She said: “The items taken include a vacuum cleaner, a ring, loose change, food, and there was an empty bottle of vodka and some sweets missing.
“Gary Newman was wearing latex gloves during the incident. DNA samples were taken at the flat by police tracing them to the defendants.”
Ms Pope added Newman junior was originally arrested but after viewing CCTV footage police then arrested Newman senior.
She said: “In relation to both defendants, Carl was asked why he had been there.
He said he had been to visit the occupant prior to him being in the hospital.
“Gary told police he had been drunk. He said he did not remember anything. He had woken up the next morning and saw everything around the flat. He said he then got rid of it.
“Gary was on a 24-week prison sentence suspended for two years for possession of a blade,” she added. “Carl has previous burglary convictions but they are in a non-dwelling. His last conviction was on November 17 when he was sentenced to a community order with supervision requirements.”
Defending Newman senior, Patrick Thompson said his client was aware that he would be sent to prison but just wanted to get started serving his sentence.
He said: “This is not a normal burglary. There were things of high value in the flat. But he only took drinks.
“Of course it is unfortunate what had happened. They did not realise he was so seriously ill on this occasion. They were drunk. He went to get himself more booze.”
Mr Thompson added: “He has been in custody since the incident. Effectively, they have been in prison for three and a half months, the longest prison sentence he has ever received.”
Defending Newman junior, Robert Philpotts said: “The deceased was a friend of his and it has been very hard for him to accept this.”
In sentencing, the Recorder of Chester Judge Elgan Edwards said: “This was a mean thing to do. You didn’t realise how ill he was, but I accept you guys were in a drinking session and wanted more booze.
“Gary Newman, you should have known better than to do this with your son. You didn’t plead guilty at first blush, but you did and I am giving you full credit for that.
“Carl, I have taken into account that you pleaded guilty as well.”
He sentenced both defendants to 15 months imprisonment with a deduction of 105 days they have already served. Newman senior was given a concurrent custodial sentence of 24 weeks.