Page last updated at 15:49 GMT, Tuesday, 20 January 2009

Naked chimney burglar sentenced

A man who was found naked and stuck in a supermarket chimney during an attempted burglary has been sentenced.

Daniel Davies, 20, was found after a delivery driver heard cries for help from the chimney of Tesco Express in Ormskirk Road, Wigan, last October.

He told police he had been on the roof trying to escape drug dealers.

Davies, of Smethurst Lane, Wigan, admitted attempted burglary and was sentenced to two months in a Young Offenders' Institution.

He had previously denied the charge but later changed his plea.

Were this matter not so serious the facts would be decidedly comic
Judge Bruce Macmillan

Passing sentence at Liverpool Crown Court, Judge Bruce Macmillan said as Davies had served 62 days on an electronic tag, 31 days would count towards the sentence and it should result in his "immediate release" as he had served the sufficient time for the offence.

Harry Pepper, for the prosecution, told the court that Davies, who is unemployed, said he "fell" into the chimney and it appeared his clothes came off as he tried to wriggle free.

He said Davies had told police he had been watching football with two friends but had left them at about midnight, after they had gone out to get a takeaway.

His shouts for help were heard by the delivery driver at about 0530 GMT the following morning.

He was freed by firefighters who used lump hammers to dismantle the chimney breast on the first floor of the building.

'Singularly inept'

Judge Macmillan told Davies: "Were this matter not so serious the facts would be decidedly comic.

"You attempted to burgle a Tesco store.

"However, you got stuck in the chimney where you remained for several hours."

Judge Macmillan said Davies gave an "unbelievable explanation" of why he was on the roof and he hoped the "singularly inept attempt" would deter him from further similar crimes.

Bill Swalwell, defending, told the court that under section 240 A of the Criminal Justice Act 2003 a person who wears an electronic tag for nine hours a day serves the equivalent of half a day in prison.

The court heard Davies had a previous conviction for assault but no previous conviction for burglary or attempted burglary.

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