A thief who told a court he had breast cancer has been jailed – after the sheriff found out he did not have the disease.
Michael Nicol, 39, appeared at Aberdeen Sheriff Court earlier this week when he pled guilty to breaking into Sainsbury’s on Rosemount Place and stealing cigarettes while acting with others.
He jailed Nicol for 14 months over the offence, which happened on November 24 last year.
Sheriff Graeme Napier deferred the case after Nicol, a prisoner at Perth, claimed to be suffering from breast cancer – and yesterday Nicol was back in the dock where the sheriff accused him of lying.
Addressing Kevin Longino, Nicol’s solicitor, Sheriff Napier said: “You told me he was suffering from breast cancer. I’m telling you the inquiries I’ve carried out make it quite clear he is not suffering from breast cancer.
“What your client is saying is he’s got breast cancer and he’s going to die if he doesn’t get treated. I’m saying that’s not true.”
Mr Longino said: “At no point has he been asking for any special treatment.”
Sheriff Napier replied: “Why would he tell me about it then? It’s not true.”
The case was then adjourned to allow Mr Longino time to consult with his client and recalled later in the day.
When the case called again, Mr Longino told the court Nicol has misunderstood medical experts.
He said: “His understanding was he had cancer.
“It may well be he had not been properly listening to what was said and was making assumptions.”
Mr Longino told the court Nicol had been “institutionalised” to an extent, and had “unmasked himself within the shop” during the offence.
Addressing Nicol directly, Sheriff Napier said: “The information I have from the prison service is you were told you had a condition causing men’s breasts to swell and become larger than normal – not related to breast cancer.”
He added treatments included surgery to remove excess breast tissue or medication to address hormone imbalance.
The sheriff said: “In the circumstances, in view of your record and the lack of other options, it seems to me the only way I can deal with this is by way of a custodial sentence.”
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