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A Sutton thief who was caught buying tobacco with a credit card stolen from a woman in her eighties during a break-in less than an hour earlier cannot be charged with burglary, a court has heard.

Kieron Millin was recognised on CCTV at Asda buying £29.95 of tobacco with two other men, on June 8, and he was arrested with a small amount of heroin, three months later.

Andrew Peet, prosecuting at Nottingham Crown Court, said a burglary charge and a second count of fraud were discontinued by the Crown because there was not enough evidence.

He said the woman's belongings were taken when three men were helping her with white goods and she did not realise the card was missing until she was notified it had been used by her banking app an hour later.

Mr Peet said: “It would have been obvious to him the card would have been stolen, because it wasn't in his name. If further evidence comes to light he can be charged with those other matters.”

He said Millin, aged 42, has ‘a very bad record’ with 134 previous convictions, dating back to 1994, for a variety of offences.

He has committed 52 offences of dishonesty, including ‘many’ shoplifting thefts, two burglaries, 13 non-dwelling burglaries and five convictions for handling stolen goods.

In 2017, he was sentenced to 20 months for robbery

Millin, of Warnadene Road, admitted fraud when he appeared at the court, via a video-link from HMP Nottingham.

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Denney Lau, mitigating, said Millin has served 60 days in custody.

Sentencing, Judge Stuart Rafferty KC told him: "You have been a drug addict for too long and a nuisance for just as long.

"I have absolutely no doubt that having been released for these matters you will be back to square one and committing offences for just the same reason.

"You shake your head. I hope I’m wrong. So far in your long history you haven't shown any inclination to change.”

Sentencing him to 28 days for the fraud and 14 days for possessing heroin, to be served concurrently, Judge Rafferty said: “You have served the sentence already.

"When the paperwork has been done off you go again. All I can do is urge you to stay out of trouble.”

Millin replied: “Thank you.”

Sutton thief used credit card stolen in burglary of woman in her eighties