A BURGLAR  who took part in raids on a pub and an outdoor clothing shop in Whitehaven has been spared from jail after a judge accepted he was a vulnerable person who was being exploited.

There was compelling evidence that 56-year-old David Carr was acting “under instruction,” Carlisle Crown Court heard.

The defendant had earlier pleaded guilty to burgling the Millets  store in King Street, Whitehaven, on July 31 last year; and guilty to burgling the Lion Pub in Woodhouse Road, the street where he lives, on August 22.

Prosecutor Brendan Burke said the Millets break-in was committed with a co-defendant, who used a brick to smash a window after three attempts, causing damage that cost £1,000 to put right.

After initially retreating to see if the damage provoked an immediate emergency response, the two men went into the shop and stole clothing: three hoodie jackets worth £210 and three T-shirts worth £81.

With the store being directly linked to the local police station, officers were quickly alerted and located the two men at the home of Carr’s accomplice. Prompted by another man in the property, Carr told the officers: “I did it.”

The second burglary happened after the culprits broke a toilet window at the Lion Pub, where Carr and the man involved in the earlier raid had spent some time in the hours before the raid.

The landlord checked the pub’s CCTV and confirmed that Carr and the other man could be seen entering the bar area. They took the till and a hospice charity collection tin. After seeing the footage, the landlord went to the home of the man who had broken into the pub with Carr, said Mr Burke.

That man told the landlord that he should ask Carr about the stolen till, at which point the defendant left. “He later appeared at the pub with the till,” said Mr Burke.

The court heard that Carr had multiple thefts on his record. The other man involved had been given an eight month sentence for both offences.

Defence barrister Anthony Parkinson said CCTV footage of the Millets burglary showed clearly that Carr was being “told what to do.” The barrister also suggested that drugs were possibly being forced on the defendant.

Judge Nicholas Barker told Carr said that he was “vulnerable” and “exploited” and noted evidence that he had suffered a brain injury following an assault. But the judge told him: “These offences are serious – a great deal more serious than the shop thefts that you have committed before.”

The judge added: “I am satisfied that you are a person who needs assistance.”

The judge imposed a £350 fine, and an 18-month community order, with 25 rehabilitation activity days and a victim surcharge. “You have to understand, David Carr,” added the judge, “that this sentence is there to support you.”