A man who had been charged on 43 separate occasions for property offences, was sentenced to jail after being found in possession of a bolt cutter, torch and gloves at 2am in an industrial area
Police were patrolling Leewood Drive due to previous reports of larceny offences, including the theft of industrial copper, when they saw Wayne Gregory Smith 48, of Algona Crescent, standing beside a ute with another man close to 2.10am on May 13, 2018.
According to police, Smith was on parole for an aggravated break and enter when the officers stopped and saw him holding a torch.
Due to the location, time of night and his criminal history, the police officers searched him and found a pair of work gloves in his front jumper pocket.
Mr Smith must accept the consequences of getting around in those kind of circumstances with those kind of tools.Magistrate David Day
Police also searched the tool box in the back of the ute and found a pair of bolt cutters, which Smith said were his.
He was arrested and taken to Orange Police Station where he was charged with possession of house- breaking implements.
However, police said that in an interview he said he was not in the area to commit an offence.
Smith was not in custody when he appeared in Orange Local Court having been released on Supreme Court bail.
However Magistrate David Day said he crossed the threshold for a custodial sentence because of his criminal record.
"Mr Smith must accept the consequences of getting around in those kind of circumstances with those kind of tools," Mr Day said.
"For this offence there's nothing particularly aggravating other than his record."
He gave Smith a 13-month jail sentence with four month non-parole period dated from February 27 to June 26.
The sentence took into account the five months Smith spent in custody after being refused bail.
Mr Day said the penalty should be a two-year jail sentence but it was reduced by 25 per cent because an early guilty plea was made.
Solicitor John Song said Smith was refused bail on May 13 but released on bail on in October and his guilty plea was entered on the date of a hearing.
"But that was the first opportunity," Mr Song said.
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