Thieving drug user released from custody
A 24-year-old Kingaroy man has escaped jail time after the magistrate told him his 16 charges were "totally unsophisticated" and at the lower end of the offending scale.
Nathan Siciliani faced Kingaroy Magistrates Court on three charges of possessing dangerous drugs, four charges of possessing utensils, one charge of possession of property suspected of being used in the commission of a drug offence, two charges of stealing, two charges of steal with previous convictions, and four charges of breaching bail.
Police prosecutor Pepe Gangemi made multiple suggestions to the court for Siciliani's sentencing.
He said the four breaches of bail should be dealt with by way of a fine.
"With regards to the possession charges of 7g of cannabis on September 17, 1.09g of methamphetamine on September 17, and the 2 g of cannabis on October 15, I'd be asking you to consider one month on each of these," he said.
"For the two remaining charges of a pipe, box and lighter from September 17 - the property suspected (of being used in drug related offences) -, and the pipe from October 18 and the two pipes from October 15, I submit 14 days."
For the stealing charges on October 18 from IGA, the straws and batteries stolen from Dollars and Sense, and the power items valued at $150 stolen from Ap Computers, Sgt Gangemi suggested one month imprisonment.
For stealing a recharger valued at $89.25 from Repco on October 10, Sgt Gangemi suggested two months.
"I've come u with those figures because Mr Siciliani was only just in court and sentenced to probation for drugs and stealing, and the stealing was from Repco," he said.
"These stores don't need people taking property without paying, especially repeat customers.
"Those terms of imprisonment, I ask the court to suspend for 12 months. It is very, very unsophisticated offending that is most likely levelled at fuelling a drug habit," the prosecutor said.
Defence lawyer Chris Campbell said his client had been using cannabis and methamphetamines on and off since 2012.
"This was primarily as a result of mental health issues and coming out of the foster care system where he was placed from 2000 to 2012.
"He's got a fairly fragile and fractured relationship with both his parents as a result of being placed in foster care. There's a lot of arguing so he chooses to distance himself from them," he said.
Magistrate Louisa Pink said Siciliani's offending was at the lower end of the scale.
"It is, in respect of the stealing, totally unsophisticated," she said.
"You go into somewhere, grab something and you either run out without paying for it, or you stick it down your pants and leave, but it's repeated offending."
The magistrate told the defendant his criminal history was worrying.
"All of your criminal history, which is a page and a half, has all been since January.
"If you don't address your drug offending and you're back before the court for more drug matters and for pinching things to try to support your drug habit, you're just going to end up in jail.
"Right now you're on a fast forward going straight to jail - you need to understand that," she said.
For the charge of stealing from Repco, Siciliani was sentenced to two months' imprisonment.
For the remaining three stealing charges, the three charges of possession of dangerous drugs and the November 28 bail breach, he was sentenced to 30 days' imprisonment.
For the possession of utensils, property suspected of being used in the commission of a drug offence, and the three other bail breaches, he was convicted and not further punished.
"Having regard to the relatively low level of offending, those terms of imprisonment are to be suspended immediately for nine months," the magistrate said.
"What that means is that if during the next nine months you come back before the court and you're convicted for any offence carrying a period of imprisonment, the law says the court must sentence you to serve two months in prison."
The magistrate ordered Siciliani to pay $150 in restitution to AP Computers, and $89.25 to Repco.