A man who stole tools from a tradie's ute in the Hotel Canobolas car park and fell asleep during one of his appearances in court has also been convicted of being in possession of a stolen motorbike.
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Graeme John Hinchcliffe of Glenroi was sentenced in Orange Local Court on Wednesday, April 3, 2024.
According to court documents, 41-year-old Hinchcliffe stole $2841 worth of tools from the tradie's ute in the early hours of January 17, 2024.
The victim had parked the ute about 4am on January 17, 2024, and left the vehicle and tool box unlocked.
However, Hinchcliffe and a co-offender were captured on CCTV within the hotel at 4.13am and were also seen rummaging through the back tray of the ute at 4.21am.
They returned and rummaged through the vehicle again at 4.33am and stole numerous tools for electric work including an NST tester valued at $845, a Fluke-1507 insulation resistance tester valued at $1400 and other items.
The victim discovered the items missing later that morning and reported the matter to the police.
Also that same day Hinchcliffe and the co-accused attended the Orange methadone clinic at 10.06am.
The co-accused wore the same clothes and Hinchcliffe wore the same hat and shoes as revealed in the car park CCTV footage.
Police searched Hinchcliffe's home on February 1, 2024, and found a black bag with NST written on it along with the victim's surname and phone number.
The NST tester itself was found and seized from the entry way of the property.
At the time Hinchcliffe still had outstanding matters for having possession of a Yamaha peewee 50 that was suspected to be stolen and for possession of 0.04 grams of heroin.
According to court documents, police saw Hinchcliffe push the motorbike into a petrol station car park and begin filling the tyres with air at 12.10am.
He told police he bought the motorbike one or two weeks earlier and paid $180 with $220 outstanding.
A police check of the peewee 50 revealed the VIN had been altered.
During his arrest for the motor bike police found three plastic bags in his possession that contained white powder.
When asked what was in the bags he said it was heroin that was "cut to the s--t house".
Hinchcliffe appeared in Orange Local Court to be sentenced on Wednesday, April 3, 2024.
"The tools out back of Hotel Canobolas is the most serious, in my view," magistrate David Day said.
"This is taking property from someone who uses that property to earn their living."
Solicitor Isabella Strapp conceded Hinchcliffe was already on an intensive correction order for an affray when he was caught for these offences.
She added the ICO has since expired.
"In terms of his record it's accepted that it's lengthy," Ms Strapp said.
"There are a number of dishonesty offences on his record."
However, Ms Strapp said her client has since got a part-time job and is on a methadone program which has prevented him from obtaining full-time employment.
His participation in that methadone program was the reason given when Hinchcliffe fell asleep in the courtroom before a previous court appearance for these matters on March 14, 2023.
Because he was drowsy that day his sentencing date was adjourned.
Police prosecutor Chris Brien said the theft of the tools was "an attack on an individual working to make a living".
He also argued that the custodial threshold had been crossed.
Mr Day sentenced Hinchcliffe to an 18-month intensive correction order from April 3, 2024 to October 2, 2025.
The sentence, which is equivalent to a jail sentence served in the community, includes requirements for rehabilitation and treatment and that Hinchcliffe abstain from drugs.
That ICO is for possessing the heroin, having possession of the suspected stolen motorbike and stealing the tools.
The sentence also covered two breaches of community corrections orders Hinchcliffe had previously received for possess prohibited drug 16.1 grams of cannabis on February 3, 2023, and for possessing 12.5 grams of cannabis on March 27, 2023.
Mr Day said Hinchcliffe has been been drug free since he was arrested for the larceny of the tools.
"His capacity to relapse is of concern," he added.
Mr Day opted not to sentence Hinchcliffe to full-time jail for these offences saying he would not have access to the necessary drug rehabilitation programs in jail.
"Community safety would be better serviced by an ICO."
