I think his ‘non-binary’ identification is very relevant.
If he gets sent to prison, which one will it be?
Male?
Female?
Male prison every second day, Female every other day?
Week on/week off Male and Female?
Or is there a ‘non-binary’ prison, where inmates can chose their clothes and pronouns according to their feelings of the day/or reject all binary delineations and remain neutral?
Or will he simply be let off a custodial sentence as his ‘non-binariness’ makes it too difficult to decide which prison is appropriate, or even that it makes it reasonable for him to have stolen these items?
He made being trans his persona, it is definitely relevant going forward.