Luke Tomkins jailed for Orange TAFE break-in, breaching orders

Solicitor Katarina Duncan said Luke Tomkins, formerly of Adina Crescent, was homeless when he participated in the break and enter along with an 18-year-old, a 17-year-old and a 14-year-old on February 27, 2022.

Magistrate David Day said Tomkins was "not a criminal genius".

He also described Tomkins as "king of the kids" stealing drinks and lollipops but they didn't know what they were going to get, "they just broke in to see what they can get".

Ms Duncan said Tomkins pleaded guilty at the earliest opportunity and he wrote an apology letter to the TAFE, although Mr Day found the letter "a bit narcissistic" and noted Tomkins couldn't spell.

"He was homeless, he was sleeping under Kmart here in Orange at the time," she said.

"His friends here at the time weren't positive, they were negative.

"He tells me his grandmother's last words were: 'Luke, you're turning into your father, I cannot always be there to help you'."

According to police the four males entered the library building at the Orange TAFE Campus through a window about 12.30am and found some lollipops in a draw.

They then went into the canteen and stole a number of cold drinks, ranging from Diet Coke to iced coffee, as well as a range of chocolates.

They then returned to the library building and were disturbed by security, so they left through the same window and dropped a lot of the items they stole.

The incident was captured on CCTV and at 1am one of the co-accused attended Orange Police Station to report an assault.

The co-accused had visible injuries to his torso that were consistent with climbing out the window. He also had a bumbag with a large amount of the stolen chocolate.

The co-accused was arrested and taken into custody, however Tomkins was not arrested until March 8.

He was arrested at an address in Peisley Street and told the police he committed the break-in because he wanted to get some food.

Mr Day sentenced Tomkins to 10 months' full-time jail with a four-month non-parole period for the TAFE break and enter. He also gave him the same sentence for charges of having his face blackened or disguised, and for destroying or damaging property.

Tomkins had initially been given a two-year Community Corrections Order with 20 hours of community service for having his face blackened with intent. The offence took place between 11.50pm on May 12 and 1.25am on May 13 at Glenroi Public School and in the Orange City Centre food court where he concealed his face with a black jacket.

Mr Day revoked the CCO and at the same time as sentencing him for the TAFE break-in he resentenced Tomkins to full-time jail for the breach. He also gave him a jail sentence for breaching a Commonwealth order for possession of counterfeit money.

According to information presented to the court he had a counterfeit $100 note at a laundromat at Port Macquarie and was caught after asking a woman to trade it for two $50 notes. As soon as the money changed hands he ran off and the woman unfolded the note to discover it was a fake.

"He's going to keep on getting charged if he keeps on trying to pass $100 bills and swap that $100 back for $100," Mr Day said. "He's not a criminal genius."

The jail sentence will also apply for a charge he was given for damaging a payphone at at railway station at Cardiff, NSW, on February 17.

During that offence CCTV footage recorded him going onto the train lines which earned him an 18-month CCO for a charge of entering running lines.

Mr Day also convicted Tomkins without further punishment for having possession of a knife.

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