A BURGLAR who stole from a neighbour has dodged jail because he is transitioning.
Kyle Andrew was told by a judge he was taking an “extremely unusual” course of action in allowing him to walk free.
FacebookBurglar Kyle Andrew, 26, has dodged because he is transitioning[/caption]
He urged Andrew, 26, to get “the help you so clearly need” but warned that he would be jailed if he offended again.
Judge Robert Linford heard Andrew, who has lived as a man since 16, would have been sent to a women’s prison.
His defence barrister said that would affect his mental health and delay the process of his transitioning.
The court heard Andrew borrowed £3,000 over four months from his neighbour, spending it on cannabis, crack cocaine and drug debts.
The money was never repaid to the neighbour.
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Andrew also broke into the neighbour’s flat and assaulted him after demanding more cash.
The court was told Andrew was diagnosed with gender dysphoria last year and is set to start freezing his eggs and then taking hormones.
Emily Cooke, defending, said Andrew had a traumatic childhood and had been on drugs at the time of the offences.
She said, that going to prison would worsen the “significant psychological issue” he had over gender.
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Andrew, of Truro, Cornwall, Andrew admitted taking £1,500 but said the rest were gifts.
He admitted burglary, theft and assault. He got suspended sentences — two years for burglary and six months for theft to run concurrently — at the city’s crown court.
Judge Linford said: “If you mess this up you will be here in front of me and I promise you, if you commit any offence in the next two years you will be going inside. Access the help you so clearly need.”
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Andrew’s mum Helen Jackson, 60, of Hayle, said she was thankful for the judge’s leniency. But she added: “I am worried about him.
“I didn’t want him to go inside but, on the other hand, I thought he would at least get the help he needs in there.”