Decision not to charge known thief seen breaking into flat armed with 'burglar kit' astonishes Leeds judge

A known thief who was seen trying to break into a flat armed with a “burglar’s kit” was not charged with a burglary offence, much to the astonishment of a judge at Leeds Crown Court this week.
By Nick Frame
Published 18th Jan 2024, 04:45 BST
Updated 18th Jan 2024, 15:24 BST
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Judge Simon Batiste initially appeared speechless when the case against Jon McHugh was heard. McHugh, who has 60 convictions including many for theft and dishonesty, was with another man, was seen by witnesses and caught on CCTV in the dead of night trying to smash his way into the flat on St Mary’s Place in Castleford on October 15 last year.

Prosecutor Esther Bukoye said the 51-year-old was then seen running away from the scene but was soon stopped by pursuing police. He was carrying a bag that included pliers, wire cutters and a hacksaw. He then gave a no-comment interview to officers.

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But Judge Batiste was puzzled as to why there was no burglary charge brought forward, with the Crown accepting lesser offences of going equipped for burglary, two counts of criminal damage and possession of class B drugs after a small bag of amphetamine was also found on him.

McHugh was seen armed with a bag of tools trying to gain access to a flat in St Mary's Place, but the Crown decided not to charge him with a burglary offence. (pic by Google Maps / National World)McHugh was seen armed with a bag of tools trying to gain access to a flat in St Mary's Place, but the Crown decided not to charge him with a burglary offence. (pic by Google Maps / National World)
McHugh was seen armed with a bag of tools trying to gain access to a flat in St Mary's Place, but the Crown decided not to charge him with a burglary offence. (pic by Google Maps / National World)

Asking for an explanation, McHugh’s barrister Dan Lee said he had been at the flat with a friend who had previously lived there, and wanted to get back into the property to fetch belongings. He also said McHugh was homeless at the time.

Pausing for a short time, Judge Batiste then made is clear he did not accept that story, and added: “Even if you are homeless, there are things you need more than tools. I do not agree that they were not for domestic burglaries.”

Turning to McHugh, he told him: “You have a terrible record for dishonesty. I’m not entirely sure why the decision was taken [not to proceed with a burglary charge]. You were found outside a block of flats trying to break in, it would appear, and with a burglar’s kit, to put it bluntly."

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McHugh, whose address was given as Stansfield Close, Castleford, at the time of his arrest, was handed a six-month jail sentence. Having been held on remand since his his first court appearance, it is thought he would be released imminently, given that offenders usually serve half their sentence locked up and the remainder on licence.