York shoplifter escapes trip to jail after law change

Two customers pulled Douglas MacRae off a member of the security staff in B&M in Foss Islands Road, York, said Kathryn Walters, prosecuting.

While on bail pending trial for that offence, he carried out a series of raids on Waitrose, also on Foss Islands Road, and other shops and when staff tried to stop him assaulted them.

“He accepts he is going to jail today,” said his solicitor Craig Robertson.

York magistrates passed their maximum prison sentence but added that a law passed earlier this year meant they had to suspend the sentence because there were no “exceptional circumstances”.

They gave MacRae a 52-week prison sentence suspended for two years without requirements and warned him that if he commits another offence during the suspension period, he will have to serve a year in jail.

They did not order him to do any work with probation or unpaid work as a requirement of the suspension after hearing he was unable to work with probation officers and did not order him to pay compensation to the shop staff or the shops after hearing he already owes the court more than £5,000 as a result of other cases. 

They did order him to pay £125 prosecution costs and a £187 statutory surcharge.

MacRae, who had been sent to the court in custody following his arrest by police, walked free.

The 42-year-old of Bull Lane, off Hull Road, York, pleaded guilty to 10 offences of shop theft and five of assaulting staff. 

Apart from the assault at B&M on February 16, which he had initially denied, all the offences were committed between May 7 and June 10. He has a long criminal history.

Ms Walters said he had stolen items worth £490.25 in five raids on Waitrose on Foss Islands Road, £300 from Sainsbury’s, £259.79 from B&M in three raids, £35.20 from a Co-op shop on Hull Road, and £50 from The Range.

York magistrates heard he had assaulted two staff at Waitrose on separate days, one at The Range and two including the security staff attacked on February 16 at B&M.

Mr Robertson said of the assaults: “They are all the same thing – staff say stop; he doesn’t, runs and pushes them out of the way.”

Ms Walters said the security staff member spotted MacRae stealing in B&M on February 16 and told him to stop.

MacRae claimed he had done nothing wrong, grabbed hold of him in an aggressive way and the two scuffled through the store until they reached the till area where the security man managed to get MacRae on the floor.

The struggle continued until the two customers intervened and MacRae made good his escape. The security staff member was scratched.

Mr Robertson said none of the other shop staff assaulted by MacRae were injured.