Man high on valium tried to steal from Bainsford neighbours

A would-be thief who tried to steal from his neighbours while high on valium has been spared imprisonment.

By Herald Reporter
Monday, 23rd November 2020, 12:30 pm

David Nowyk, 95 Alloa Road, Stenhousemuir, attempted to break into three different properties in Cross Street, Bainsford – where he also lived – on November 23, 2019.

The 39-year-old appeared at Falkirk Sheriff Court last Thursday having pleaded guilty to forcibly opening windows and trying to enter into two homes with intent to steal, as well as placing his hands through a letterbox in an attempt to locate and seize keys at another property, again with intent to steal.

Prior to his theft attempts, Nowyk had been taken home by police following an “interaction” just after 2.30pm.

David Nowyk was made subject to a restriction of liberty order during his appearance at Falkirk Sheriff Court. Picture: Michael Gillen.

He was spotted a short time later by a householder “under the influence”.

Procurator fiscal depute Kristina Kelly said: “He saw the accused kneeling in his driveway, rummaging through a bag of sand.

“He thereafter saw the accused trying to open a window. The witness banged on the window, opened it and told him to get off his property.

“The accused has then attended in the driveway of another property. He was observed to try the door handle and try to open the downstairs windows.

“He then attended another address. He knocked on the door and was met by the witness. He asked where an address was and was directed to it.

“The accused was then heard back at the door and the witness observed his hand and arm through the letterbox feeling around for his keys.

“The witness shouted at him to leave. Police thereafter attended and arrested the accused.”

Defence solicitor Stephen Biggam said his client was on “street Valium” at the time and continued: “Up until then he was getting on with his neighbours.

“The most positive aspect of his life is his engagement with the social work department.

“He’s usually bullied by other users in relation to his underlying drug difficulties and has managed to do much better.”

Addressing Nowyk, Sheriff Derek Livingston said: “To your credit – and it’s saved you from custody – you’ve started to engage in relation to your drug problems.”

Nowyk was placed under a six-month, 7pm-7am daily restriction of liberty order as an alternative to custody.

He’ll also be supervised for three years and must attend drug and alcohol counselling.

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