A man who said he spends his entire Newstart allowance on drugs complained he was "always being harassed" by the police when he was participating in a sentencing assessment for stealing a quad bike, possession of stolen property and robbing a taxi driver.
On Wednesday Jamal Cutmore, 21, of Moresby Street, appeared in Orange Local Court to be sentenced for a break and enter and stealing the quad bike, being carried on the stolen quad bike, having possession of suspected stolen credit cards and keys, as well as stealing cash from a taxi driver and dishonestly obtaining financial advantage by deception.
He was already in custody when he appeared in court via an audio visual link on Wednesday to be sentenced for the offences which date back to March and May this year.
Cutmore had been on parole at the time of his offending and that parole was revoked after his arrest.
Solicitor Andrew Rolfe said Cutmore's parole expires on September 7 but he also has a problem with an Intensive Correction Order.
Magistrate David Day said the ICO expires in June 2023 and he remembered when Cutmore's mother moved the family to Orange to get her son away from antisocial peers
"The risk of reoffending remains high while he remains someone who will use drugs, particularly a combination of meth and heroin," he said.
"I remember when the whole family moved here from Cowra because Mum wanted to get him away from the drug culture in Cowra."
However, he noted that the move didn't work and instead Cutmore got to the point "where he uses the whole of his Newstart payments for drugs".
"It doesn't leave anything for food and accommodation," he said.
However, when he said that people cannot currently get drugs in jail, Cutmore called out over the AVL, "yeah you can".
Mr Day said the aggravated break and enter, which resulted in the theft of the quad bike was the most serious matter and described its owner as a vulnerable victim, however he also jailed Cutmore for stealing from the taxi driver.
"Taxi drivers I think are pretty game to undertake the task, they are not well paid and then they get set upon by opportunistic thieves like Mr Cutmore," he said.
He uses the whole of his Newstart payments for drugs.- Magistrate David Day
According to information presented to the court, Cutmore was one of three males who had been out at Kinross State Forest when the dual cab they were travelling in got bogged in the early hours of May 5.
The three men walked what was described as a considerable distance through the forest and at 8.30am went to a property at Stagecoach Road, Emu Swamp.
They asked for diesel and water from the property owner who gave them a bottle of water and told them to leave and they did.
They arrived at another property about 9.30am where they gained access to a shed and stole a blue 2012 Yamaha 'Big Bear' 400cc quad bike.
Cutmore rode as a pillion passenger on the quad as one of the two co-accused people drove it back to Orange.
However, at 10am the owner of the vehicle spotted all three men riding on the quad bike along Bulgas Road and recognised the quad bike.
The bike was driven into Orange where a witness saw them near the intersection of Spring Street and Maramba Road.
At 10.26am the witness drove onto Calang Street and saw the bike being hidden at the back of an Algona Crescent address that backed onto Coulson Park.
However, the bike was then removed from the location and driven to the top of Coulson Park and all three males returned to the Algona Crescent address.
Police arrived at 10.32am and blocked the front and rear exits and arrested all three males.
Cutmore was arrested when he attempted to leave via the front door.
When he was searched he was found in possession of a woman's credit card and a man's credit card and keys. Police contacted both owners.
The man said his credit card and keys were stolen from his car, which had been broken into the night before and the woman also said her card had been stolen from her vehicle.
Cutmore denied stealing the cards but said he intended to use them to buy food because he often spent his entire Centrelink payments on illicit drugs.
According to a report submitted to the court, Cutmore started using methamphetamine when he was 13 and heroin when he was 18. It was the writer of that report who he complained to about always being harassed by the police.
The risk of reoffending remains high while he remains someone who will use drugs, particularly a combination of meth and heroin.- Magistrate David Day
Prior to his arrest in May, Cutmore also stole money from a taxi driver outside Bathurst on March 1 this year.
According to the information provided to Mr Day in Orange Local Court, Cutmore promised the taxi driver he could pay for a fair when he was collected from the intersection of O'Connell Plains Road and Ryan Lane near O'Connell.
However, when they arrived to at his destination at Wilkins Street Mitchell, about 20 kilometres away, Cutmore opened the passenger's side door and swiped his card three times and each time it was declined.
He blamed the taxi driver and said, "it's your fault, my account has money in it".
Cutmore then asked the taxi driver if he had change and said he only had a $100 note on him.
The victim then reached into his pocket and took out $80 in notes and Cutmore grabbed the cash from his hand and ran off.
The taxi driver chased after him but lost him after Cutmore ran into a nearby back yard.
Cutmore stole $151 from the taxi driver, the $80 in cash plus his $71 unpaid fare and was charged following his arrest in Orange on May 11.
"I ask you to take into account that he's been in custody not withstanding the parole issues since May 11 this year," Mr Rolfe said.
"He's a drug user and never properly been able to get treatment."
Mr Day said Cutmore is a high risk of institutionalisation but he was also "unsuitable for an ICO because of his drug use and a high risk of reoffending".
"The offending is aggravated by Mr Cutmores extensive record, and is further aggravated by being on conditional liberty at the time.
"It's further aggravated by his express lack of remorse."
Mr Day sentenced Cutmore to total of 18 month's jail with a nine-month non-parole period.
The sentence started on Wednesday and Cutmore could be released on parole on May 5, 2023.
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