Murgon Magistrates Court.
Murgon Magistrates Court.

Navy hopeful breaks into Murgon home while drunk

A YOUNG navy hopeful has been given a second chance after drunkenly breaking into a home and smashing several windows.

Malakai Cummings, 18, faced Murgon Magistrates Court on July 14, charged with entering a dwelling and committing an indictable offence.

Police prosecutor sergeant Barry Stevens told the court the defendant and three other offenders were spotted by a witness breaking into a house in Murgon around 12am on April 24.

Court documents showed Cummings and the other assailants had attempted to enter into the residence while the victim was not home, breaking several fly wire screens and windows in the process.

"The offenders went to a set of glass levers near the rear window, and removed two levers … with police believing they've then reached through the window to open the door," Sgt Stevens said.

"Once inside, they offenders conducted a search … and smashed another window to allow for an exit."

The court was told police conducted an investigation around 10am the next day, with the offenders identified by witnesses and finger prints left at the scene.

Sgt Stevens said Cummings told police he had attended with three other boys, entering through the back door to find items to steal, and was intoxicated and "going along with the plan" of the other boys.


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"He stated the bedroom window was smashed by one of the other boys so they could run from the witness who was standing at the back door, saying he was calling the police," he said.

"He said to his knowledge nobody had stolen anything like they intended."

Defence lawyer Alan Korobacz told the court the defendant was a young man who wanted to join the navy, and had shown remorse for his crimes, making full admissions to it.

Magistrate Andrew Sinclair agreed with Mr Korobacz saying he was a particularly young offender.

"You've done some silly things, and you've associated with the wrong sorts of people who broke into houses," he said.

"When you find yourself in association with people who are breaking the law, you must leave, and go away."

Mr Sinclair told Cummings there are limited job prospects for young offenders who have convictions recorded against them.

"If you had anything previous against you, I'd send you to prison, because that's the appropriate path for those who break into houses," Mr Sinclair said.

"The starting point is two years imprisonment, but your age is the only reason you're not going to prison today."

Cummings pleaded guilty and was placed a 12 month probation order, and will receive no conviction against his name if he completes it successfully.

"This is your chance to take advantage of this … and hopefully still have your life ahead of you so you can get a job in the navy," Mr Sinclair said.

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