Where's Bernard?

A recent story that caught my eye was of a local man in his 70's who was caught taking grapes from an expensive bunch in front of a shop he would pass often.
When caught by the police he said he wasn't stealing anything. At 55 yen per grape, this is clearly untrue. But how exactly was he caught?
Well, it seems he made the fatal mistake of sucking out the flesh but not eating the skin. After finishing the naughty delight he discarded the skins of more than one he stole on the path near the shop. This was noticed by the shopkeeper and lead to him being caught by CCTV.
If he had eaten the whole grape thereby destroying the evidence, he may have got away with it...
Actually, it would seem difficult to spot if a grape was missing from a bunch. One suggestion made in class was to name each grape individually. "Where's Bernard?" I joked.

​If you were a judge, what would you decide to do with the old gentleman?