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An alcoholic metal thief who drilled a massive hole through a warehouse wall has dodged prison due to overcrowding.
Jimmy Hilden was also caught trying to steal thousands of pounds worth of marquee equipment when his vehicle became stuck in mud.
The 33-year-old, whose crime spree saw him attack a police officer, was handed a suspended prison sentence at Canterbury Crown Court.
A judge took the “exceptional course” following concerns of overcrowding in jails and the likelihood Hilden could die from alcohol-induced liver disease.
Armed with a power drill, Hilden and an accomplice drilled a one-metre wide hole into Regent Electrical in Tenterden on January 11, 2022.
The duo made off in a Vauxhall Astra with £12,000 worth of electrical wiring and equipment.
“Ultimately the equipment stolen has not been recovered,” prosecutor Daniel Stevenson explained.
But police identified Hilden on CCTV before evidence fell into their laps a week later.
When Hilden swiped thousands of pounds worth of steel extrusions from 2 in Tents based in Brabourne near Ashford, on January 17 that year, his truck became stuck in mud.
The weight of the metal caused Hilden’s vehicle to sink and lose traction in a nearby field, prompting him to flee.
But Hilden left his mobile phone behind linking him to both crimes, Mr Stevenson explained.
The court heard Hilden's liver damage through alcohol abuse is so severe he could soon die.
"His life can only go from him abstaining from drinking or dying early..."
Ali Dewji, mitigating, explained the extent of Hilden’s cirrhosis means it “may still kill him,” while he is being medically considered for a liver transplant.
But Hilden, who has spent two weeks on remand, must go through a period of abstention to prove he is a suitable candidate, Mr Dewji explained, adding: “It is an extremely serious situation indeed.
“His life can only go from him abstaining from drinking or dying early."
Judge Catherine Brown told Hilden, who wept throughout the hearing, that a recent ruling in the Court of Appeal, alongside his health complications, meant she “could and should” take the “exceptional course” of suspending his prison sentence.
But she warned Hilden if he re-offends or breaches the court order, which includes 20 probation sessions, he will be locked up.
Handing down 52 weeks suspended for 18 months, she said: “Unless you address your alcohol use you are going to end up dying prematurely and your children will lose their father.”
Hilden, of Clynton Way, South Ashford, pleaded guilty at an early opportunity to burglary and attempted theft, alongside unrelated charges of assaulting an emergency worker and drink driving.
Her ruling comes after the Court of Appeal on Friday quashed a prison sentence due, in part, to overcrowding within the estate.
It does not mean judges must pass suspended sentences but now take overcrowding into account.
In his judgment, Lord Justice Edis cited a precedent according to which overcrowding in prisons should be taken into account when passing judgment, as overcrowding affects prisoners in poor conditions.