Man smashed up Erdington Cash Converters after attempt to pawn gold was denied

Harvey Westmorland, aged 57, has a violent past including robbery, kidnap and blackmail but a judge was told there were 'exceptional circumstances' in order to spare him jail again

A Cash Converters customer smashed up the front of a shop after his attempt to pawn gold was denied. Harvey Westmorland became 'aggressive' at the store on Erdington High Street and was escorted out.

The 57-year-old fetched a rounders bat from his car and took it to the front door, causing just over £500 worth of damage. But in spite of a violent past, including committing robbery, kidnap and blackmail, he was spared jail at Birmingham Crown Court on Thursday, October 17.

Instead a judge accepted there were 'exceptional circumstances' surrounding his health that meant he could suspend a sentence of 146 days (around five months) for 18 months. Westmorland had admitted possession of an offensive weapon and criminal damage.

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The incident took place around lunch time on April 24 when Westmorland went to the shop on High Street. Prosecutor Mark Phillips said: "The manager there knew him because he was a regular. The defendant wanted to pawn some gold. Because he had no formal identification the manager said he was not willing to carry out the transaction.

"At that point the defendant became aggressive, especially towards the manager. In fact he asked him outside to sort matters out."

He continued: "The defendant was escorted out of the shop and the doors were locked. He went to his vehicle and got out what appears to be a rounders type bat and returned to the shop but he couldn't get in. He struck the door a couple of times with the bat before driving off shouting threats."

The court was told Westmorland has 22 previous convictions for 71 offences and had served prison sentences of significant length in the past. Clare Rennie, defending, argued there were 'exceptional circumstances' to suspend the mandatory minimum term for what was the defendant's third offensive or bladed weapon offence.

She stated her client had schizophrenia but had difficulty accessing his medication at the time of the incident due to a mix-up with either his GP or pharmacy. The barrister also told the court Westmorland required hospital tests for a potentially serious physical health condition. Ms Rennie added: "He has a relatively stable life with his fiancé who is in court.

"He is at an age in life now where he has become more focused. They are both people with different vulnerabilities. They are something of each other's support network. There is now the opportunity for a drug rehabilitation requirement which does provide him with a realistic prospect of rehabilitation."

Judge Avik Mukherjee described Westmorland's actions as 'appalling'. He also stated he was 'extremely dubious' about some of his claims because he was taking a 'devastating cocktail' of controlled drugs with medication at the time.

But he ruled to suspend the sentence after concluding that Westmorland's physical health problems were likely genuine. He ordered him to complete 30 days of rehabilitation activity and a nine-month drug rehabilitation programme as well as pay £480 compensation to Cash Converters. Westmorland told the judge he would take the opportunity 'with both hands'.