Elliott Sutherland, 23, kicked in the front door of a 72-year-old woman's home in Liscard, Wirral, in a bid to steal an expensive electric bicycle, but was overpowered and placed in a headlock by the victim's sons before police arrived. The aspiring forklift truck driver, who admitted to being "out of his mind" on drink and drugs, was given a suspended prison sentence at Liverpool Crown Court on Monday.
Burglar restrained by sons and neighbour
The incident occurred at around 11.30am on April 30 at the home of Jacqueline Fitzhenry on Rake Lane. Sutherland, of Urmson Road, forced entry by kicking the door, disturbing Mrs Fitzhenry, who was in the rear garden, and her adult sons Andrew (43) and Christopher, who were upstairs. Prosecutor Derek Jones told the court that Mrs Fitzhenry grabbed an object from the kitchen to defend herself, while Andrew came downstairs and grappled with Sutherland, putting him in a headlock. A neighbour also assisted in detaining the intruder until police arrived.
Victim's fear and impact
In a victim statement read to the court, Mrs Fitzhenry said: "I was very frightened and very concerned for my sons as well. I was amazed that anyone could come and do this at that time in the morning. If my son hadn't been there, I would have been the first person there." She added: "I'm scared to answer the door to anyone. I've actually planned an escape route from my garden so I can lock the door if anything happens. I should be able to relax and enjoy my property without feeling anxious."
Defendant's background and mitigation
Sutherland has three previous convictions for cannabis possession in 2022 and 2023, and possession with intent to supply in March 2024, for which he was fined £1,000. Defence barrister Louise McCloskey said Sutherland had engaged with services to address his alcohol and substance misuse. She told the court: "His mother and grandmother sit at the back of court. To say that they are deeply ashamed of his behaviour is an understatement. They are here because they see the efforts that he is making to turn things around." McCloskey also noted that Sutherland had been offered a job as a forklift truck driver and that the Probation Service considered him suitable for rehabilitation.
Sentence and compensation
Recorder David Knifton KC sentenced Sutherland to 20 months' imprisonment, suspended for two years, with 200 hours of unpaid work, a rehabilitation activity requirement of up to 15 days, and an 18-month programme requirement. Sutherland was also ordered to pay £500 compensation each to Jacqueline and Andrew Fitzhenry, and a 10-year restraining order was imposed. The judge noted that while domestic burglary with occupants present ordinarily warrants immediate custody, there was a realistic prospect of rehabilitation and Sutherland did not pose a high risk of harm.
During sentencing, Recorder Knifton said: "Whilst under the influence of alcohol, you forced entry to a dwelling house by kicking in the front door... You have never previously served a term of custody. I note that you had been abusing alcohol and drugs for several years and, to use your own words, you were out of your mind on alcohol at the time of this burglary." He added that Sutherland's motive appeared to be revenge, as he wrongly suspected the occupants of damaging his mother's car.
