A MAN who kicked in a toilet cubicle door to take $50 from the occupant, who was dressed as Superman, will serve his jail sentence in the community after he was sentenced in Orange District Court.
Shannon Robert Maxwell Fogg, 23 of Gardiner Road, pleaded guilty on Monday to a charge of robbery in company.
Police said the male victim, who had earlier attended a dress-up party, entered the toilet cubicle inside the Hotel Orange at about 8.30pm on August 4 when Fogg and a male co-accused entered the bathroom.
The co-accused peered over the cubicle wall to ask the victim if he wanted to buy drugs and demanded money.
The victim asked to be left to finish in the toilet, but Fogg forced the door open and the victim gave up $50 before the two co-accused left the hotel.
Later in the evening, the victim spotted the pair at the Royal Hotel and reported them to police.
Police arrested Fogg five days later, who told officers he was too drunk to recall the incident.
Fogg gave evidence in court about his drinking habits, admitting regular drinking had led to previous offending and he had not consumed alcohol for a number of months prior to the robbery.
He had nowhere to go when people demanded cash from him.Director of Public Prosecutions solicitor John Gibson
Director of Public Prosecutions solicitor John Gibson described the victim as "exceptionally vulnerable".
"He had nowhere to go when people demanded cash from him," he said.
Judge Peter Berman said the victim was "literally caught with his pants down".
"People should be able to used a licensed hotel without people like Mr Fogg robbing them," he said.
"The problem is not Mr Fogg's excessive drinking, it's what he is when he's drunk."
Judge Berman agreed to an 18-month intensive corrections order on the condition Fogg remained at home between 8.30pm and 4.30am for nine months.
"His liberty will be curtailed - he's abstaining from alcohol already so that's not a punishment," he said.
Fogg will also have to complete 90 hours' community service.
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