Calne shoplifter fails to overturn assault conviction

First published in News by

A shoplifter convicted of assaulting a store detective has failed in his attempt to overturn the verdict after he missed his appeal hearing.

Daniel Mallett, 25, of London Road, Calne, will now have to stump up a further £200 in costs after his case was dismissed at Swindon crown court.

Judge Douglas Field, sitting with two magistrates, threw out the appeal despite an 11th hour message from Mallett saying he didn't know about the court date.

But the judge said: "I am not prepared to set aside the evidence that we have heard and adjourn this case all over again. It is quite clear he and solicitors received notice."

Mallett had gone into the Calne branch of Sainsbury's on Wednesday June 20 last year, two days after he had been spotted stealing four cans of lager.

Guy Collins, a security officer at the shop, said he asked Mallett to accompany him to the office to discuss the incident two days earlier, but the shopper became rude and violent.

He told the court he then used 'necessary force' to take him to the room while a colleague called the police.

During the wait for officers to arrive he said Mallet punched, kicked and scratched him and also threatened to spit at him.

His boss, Silk King, said she followed them into the office knowing Mr Collins would need a witness and saw the assaults take place.

The court was told that Mallett claimed in his appeal notice that he was acting in self defence and had been wrongfully detained.

But Simon Goodman, for the Crown, said the fact that he had chosen not to appeal the theft charge and knew why he was being detained meant Mr Collins had acted lawfully.

Dismissing the appeal the judge said: "The appellant isn't here: notwithstanding that we have heard the evidence of the prosecution.

"The onus is on the prosecution to prove that the defendant was not acting in self-defence: we find that they have proved their case to the required standard."

He added £200 costs to the earlier order of £250 costs and £100 compensation along with 18 month supervision order with aggression replacement therapy.

Mallett, who has previous convictions for assaulting the police, was also sentenced last year for an incident with a traffic warden.

In that offence he attacked the woman in the Bath Road car park in Chippenham and then grabbed her ticket machine from her.

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