A MAN was spared jail after telling of his battle to overcome a drug addiction.

Jamie Philip Anstey, 38, of Galsworthy Close, pleaded guilty to stealing two Yankee Candles from a town centre Clinton Cards store on Thursday.

Ansty faced prison, having previously been given a 20-week suspended jail sentence following a similar offence.

But Anstey walked free from court, after his solicitor argued that locking him up would not be in the best interests of justice.

Prosecutor Keith Ballinger told Swindon Magistrates' Court on Friday that police arrested Anstey on Thursday afternoon in the town centre.

After stealing two candles together worth £47.98 from Clinton Cards, Anstey had been seen walking into Debenhams and detained by a member of the InSwindon Street Team.

When interviewed by police, Anstey said he planned to sell the candles to buy food.

“He said he had no intention to buy drugs,” Mr Ballinger said.

Defending, Anstey’s solicitor Gordon Hotson urged magistrates not to send his client to prison. The 38-year-old had a history of drug addiction and stealing.

The solicitor said that his client had been attending drug rehabilitation sessions, as a requirement of a previous community order.

“He has worked very long and hard to deal with his long-standing drug problem,” Mr Hotson added.

Additionally, Mr Hotson told magistrates that his client was stealing out of necessity: “The vast majority of his benefit payments are being paid on by him to his partner – to the extent that by the middle of this week the cupboard a home was bare. He had no food.”

Anstey had been given a foodbank voucher. But a drugs rehabilitation meeting had overrun, meaning that by the time he reached the foodbank it was shut.

“As a result – and very foolishly, he accepts – he went into the shop and took candles which he knew from experience were items he could sell to get some food,” Mr Hotson said.

The solicitor argued that it would not be in the best interests of justice to send Anstey to prison, especially “if he comes back out of prison with a drug habit he’s managed to rid himself of”.

Magistrates agreed, deciding against jailing Anstey.

“We feel it would be unjust to do so,” said chairman of the bench Gail Chilcott.

Instead, they fined him £150 and ordered him to pay a victim surcharge of £30. Both payments were deemed paid by time served in custody, with Anstey held in the court cells until 2pm. The suspended sentence would remain in place from the previous offence.

Magistrates also increased the number of rehabilitation activity days Anstey must complete from 15 to 20.

Magistrate Mrs Chilcott told Anstey to continue to work with the probation service: “It’s called taking responsibility and it’s now your chance to prove over the next 20 months that you can continue to take that responsibility.

“I’m here to tell you that any further offences will almost certainly lead to imprisonment.”