A MAN with a “protracted career” before the criminal courts and more than 90 theft convictions on his record has found himself back before magistrates in Swindon after he made off with more than £60-worth of Ferrero Rocher.

But hearing that he would this week be burying his sister, who had died at the age of 36, the magistrates spared him immediate jail.

Gareth Fanning, 30, formerly of Henley Road but now living at Milverton Court, pleaded guilty to the theft from One Stop on Guildford Avenue on July 21 along with a further charge of theft from Esso on Dorcan Way on July 17 when he stole 26 packets of bacon.

He also pleaded guilty to stealing more than £90 of products from Poundworld on June 30.

Crown Prosecutor Keith Ballinger told the court that Fanning had made off with £92-worth of toiletries and body-building products from Poundworld which had not been recovered.

Just over a fortnight later he had been seen in the Esso garage Spar shop with another man on July 17 stealing 26 packets of bacon.

“The other man exited the store and he went to follow after,” said Mr Ballinger.

“He was challenged by a staff member to put it back but said he didn’t have anything. When he was told he had been seen on CCTV he put the items back.”

Four days later Fanning then stole 13 boxes of Ferrero Rocher chocolates from the One Stop shop, which he had placed into a bag and left without paying.

Defending him Tony Nowogrodzki said his client had been under duress to steal the items.

“He has a protracted career before the criminal courts,” he said.

“As a young lad he was taken out by his father to steal. As a parent you do what you can to protect your children, not take them out along with you. He also introduced him to controlled substances.”

Despite his father emigrating to Australia, Fanning had rebuilt a relationship with him. He also explained that Fanning would be going to the funeral of his sister on Tuesday.

Sentencing him, chairman of the bench Michael New told him: With your appalling record and the fact you have recently been in prison we think that the offences – plus your record – should send you to prison.

"We are sending you to prison for six weeks, which we will suspend for 18 months. During the next 18 months we are placing you on an 18-month community order.”

During his community order he must complete an alcohol treatment programme with regular testing and complete 15 days of rehabilitative treatment.

He was further ordered to pay £154 compensation to the two shops along with a £115 victim surcharge and £40 Crown Prosecution Service costs.