Home intruder who swiped Samsung phone from disabled woman in Gillingham High Street spared jail
Published: 16:10, 09 November 2024
A disabled woman robbed of her phone in her own home by a female intruder was left shaken up and nervous of hearing even “a knock or a bang”.
The Samsung Galaxy was swiped from the victim’s hand by Carmen Hart during the raid in Gillingham on May 21.
Hart was on bail for offences including threatening behaviour and assault when she and a man she later told police was her partner had forced their way into the High Street property at about 8.40pm.
But now, more than five months later, a judge has decided the 27-year-old should be spared jail to give her a chance to “believe in herself” through working with the probation service.
His merciful approach was adopted despite Hart’s bizarre antics on the day of her sentencing hearing.
Having repeatedly told her barrister on Wednesday October 30 that she was “half-an-hour away”, she finally arrived at Maidstone Crown Court two hours later, explaining she had caught the wrong train from Gillingham.
With her delay resulting in the proceedings having to be adjourned until the afternoon, she was spotted at lunchtime helping a road-sweeper to clear up leaves outside a nearby shop, and later swigging from a miniature bottle of Jack Daniels which she ultimately dumped, empty, within a few feet of the court building doors.
When her case finally got under way, Hart muttered incessantly from the dock and even had to be told by the judge to keep quiet.
Her interruptions also led to her being warned that he could change his mind about the punishment being imposed and send her to prison instead.
However, Recorder James Dawes KC eventually concluded that Hart should be given time to comply with an “extensive and carefully constructed” community order already in place.
But he warned her that although his decision was “extraordinary”, the only alternative was prison.
The court heard she and a man, said by prosecutor Ian Foinette to be ‘unidentified’ despite Hart telling police he was her boyfriend, forced their way into Phoenix Court where, in her intoxicated state, she targeted her victim.
“Various things were said and the defendant, in due course, swiped her hand towards the victim, knocking from it her mobile phone,” he said.
“That was then taken by Ms Hart and she and the male left the premises.”
Hart, of Fox Street, Gillingham, was arrested two weeks later and gave a ‘no comment’ interview.
The victim told police of the impact the robbery had had on her. In her statement, which was read by the prosecutor to the court, she said: “The incident has left me feeling very upset and very unsafe.
“I have disabilities and this crime has affected me badly. I’m very shaken up and every time there’s a knock or a bang, it makes me jump.
“I'm very scared they could come back and of what could happen.”
Hart, who has five previous convictions for nine offences, pleaded guilty to robbery.
At the time it took place she was awaiting sentence for a variety of charges dating back to October last year, which included two of threatening behaviour, two of assault, assault on an emergency worker and shoplifting.
In August, she finally appeared before Medway Magistrates’ Court where, having heard about Hart’s struggles with alcohol addiction, she was given an 18-month community order.
Attached conditions included a six-month alcohol treatment programme, 20 rehabilitation activity requirements, mental health treatment and 140 hours of unpaid work.
It was on hearing that Hart had been engaging with probation ever since that Recorder Dawes decided an immediate jail term could be avoided.
Handing her an 18-month sentence suspended for two years, he told her: “I'm taking an extraordinary course with you and when I say extraordinary, what I mean by that is normally you would be going to prison for this offence.
“So I am giving you a chance. And I’m not the only person giving you a chance. The magistrates’ court has given you a chance and I know the probation service believe in you.
“They believe you can turn your life around and part of that process is you believing that too and you see the end of the tunnel.”
Referring to the fact the existing community order “hadn't really got going”, the judge added: “I feel in those circumstances it should be allowed to work and you should be allowed to make it work. It is down to you.
“But you must understand that breaking into someone’s house and robbing them is a very serious matter because that is something that stays with them for the rest of their lives.
“That's because the one place where a person should feel safe has been invaded.”
Recorder Dawes said although it was accepted the male with her that night was the more violent, she had played her role by “joining him and assisting”.
He also referred to Hart's issues with alcohol as well as what he described as “a very sad, powerful story” in her life.
Although no details of that background were given in open court, magistrates were previously told that she had lost a child at five months old.
“That's because the one place where a person should feel safe has been invaded…”
Recorder Dawes wished Hart well for the future, telling her: “I hope you can get past this stage in your life and get past alcohol.
“The probation service believe in you and you should believe in yourself.”
As a condition of her suspended sentence, Hart will have to complete a further 40 hours of unpaid work.
She repeatedly thanked the judge once she realised she was being spared immediate custody and had to be warned again to be quiet.
But she told the court: “I'll do everything. Thank you so much Your Honour. I’m just happy.”
Hart was also given a five-year restraining order banning her from going to Phoenix Court and from contacting the victim.
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Julia Roberts