A man who reset £1,000-worth of jewellery has been spared a prison sentence.
But Adam Nelson, 24, of Sandside, Mossbank, has been warned he faces jail if he fails to comply with a community payback order, which includes a 200 hour unpaid work requirement.
Nelson previously admitted reseting jewellery at Chapel Lane in Scalloway on 16th January.
He had intended to give the jewellery to his sister as a birthday present. But at Lerwick Sheriff Court today defence agent Gregor Kelly said Nelson “knew it was a fool’s bargain”.
Sentence on Nelson had been deferred for reports and he had been warned to expect a custodial sentence.
But Mr Kelly argued that Nelson deserved to have the benefit of a community-based disposal.
Addressing sheriff Philip Mann, Mr Kelly said: “He [Nelson] denied theft but accepted he should have had cause to think, and shouldn’t have gone anywhere near these items.”
Mr Kelly pointed to Nelson’s “difficult upbringing”, and admitted the sheriff would be “quite entitled” to send him to custody.
But he insisted Nelson had become stuck in a cycle of offending, and had not had the benefit of a community-based disposal since a probation order in 2005.
He also pointed to evidence which showed Nelson was moving away from his drug-fuelled past.
“In my view there are small grounds for optimism in the form of a substance misuse report. He appears to be drug-free and working with the staff at the substance misuse clinic.
“It appears he is now much better at attending at clinic and providing tests which are generally negative.”
He said Nelson had had the discipline of holding down a job for the last five weeks, and that he was “progressing well”.
Sheriff Mann told Nelson: “As your agent quite clearly indicated, what has to be uppermost in my mind is a custodial sentence but I recognise right away that apart from a probation order some seven to eight years ago you have not had a community-based disposal.”
He imposed a one year community payback order with a supervision requirement, as well as the unpaid hours.
“If you were to breach that order it would open up the certainty of a custodial sentence.”