Thief, 26, who stole thousands from vulnerable neighbour dodges jail because he is transitioning
- Kyle Jay Andrew, of Kemp Close, Truro, Cornwall, won’t go to prison immediately
- His ‘despicable offences’ include assaulting and stealing £3,000 from the victim
- Judge Robert Linford told Truro Crown Court it’s an ‘extremely unusual’ decision
- Defence argued women’s prison would affect mental health and delay transition
- Andrew given two years for burglary and six months for theft – but suspended
A thief who assaulted and stole thousands from a vulnerable neighbour has dodged jail because he is transitioning.
Despite his ‘despicable offences’, Kyle Jay Andrew, of Kemp Close, Truro, Cornwall, was told he would not be sent to prison immediately.
Judge Robert Linford told Truro Crown Court the ‘extremely unusual’ decision was made because the 26-year-old would currently have to be held at a women’s prison. Andrew’s defence barrister argued this would affect his mental health and delay the process of his transition by months, if not years.
The court heard that Andrew had taken £3,000 in total from his neighbour – although he only pleaded guilty to having stolen £1,500, claiming the rest was ‘legitimate gifts’.
A thief who assaulted and stole thousands from a vulnerable neighbour has dodged jail because he is transitioning
Despite his ‘despicable offences’, Kyle Jay Andrew, of Kemp Close, Truro, Cornwall, was told he would not be sent to prison immediately
Prosecutor Katie Churcher said Andrew came up with a litany of reasons why he needed the money from his neighbour, who was said to be vulnerable. These included needing a locksmith, a train fare, a medical emergency and moving to Manchester.
Andrew was actually funding a drug addiction, buying cannabis and cocaine, and settling debts with dealers.
In April last year the victim was in his flat in Truro when he got a phone call from Andrew who seemed very distressed. The neighbour met Andrew outside and the pair walked to Lloyds Bank in the city. Here, the neighbour withrew cash – but then he phoned the police.
On the following morning the neighbour was woken up by Andrew ringing his doorbell, attempting to enter his flat. Worried, he told Andrew to leave him alone.
But four days later, the neighbour was woken up again by noises in his flat and found Andrew in the hallway. He told the victim he needed £100 and would not leave until he received the money. He then tried to grab the neighbour’s phone and his fist hit the neighbour’s cheek in a scuffle.
Defending, Emily Cooke said Andrew had had a traumatic childhood, which had led to mental health issues and a drug habit.
Andrew was actually funding a drug addiction, buying cannabis and cocaine, and settling debts with dealers
Andrew was sentenced to two years in prison for burglary and six months for theft, with both suspended for two years and to run concurrently.
At the time of the offences, Andrew had been on cocaine and crack cocaine.
He also had issues with his gender, she said, and going to prison ‘would deepen that significant psychological issue’.
Andrew has ‘lived as a man since the age of 16’, but a few years later he decided to make the transition.
However, he was turned away because of his poor mental health and his drug abuse.
Ms Cooke said Andrew was diagnosed with gender dysphoria last year and is about to start the process of freezing eggs and then taking hormones.
He was sentenced to two years in prison for burglary and six months for theft, with both suspended for two years and to run concurrently.
The judge made no separate penalty for assault but issued a restraining order preventing Andrew from contacting the victim in any way for the next five years.
