The community was "completely sick and tired" of petrol thieves, a Magistrate told a serial offender in the Bendigo Magistrates' Court last week who was also guilty of "putting other road users at risk" by driving while his licence was suspended.
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But the 44-year-old who pleaded guilty to a string of drive-offs in his mother's Nissan X-Trail, was someone with a serious and lifelong problem with drugs who was currently doing "a good job" on methodone and had good prospects of employment, Magistrate Sharon McRae concluded, opting to sentence the Bendigo resident to a large fine.
In addition to the theft of around $400 worth of fuel in six separate drive-offs between April and December 2022, he was charged with two counts of fraudulently altering the car's registration, four counts of committing theft while on bail, three counts of failing to report for bail, and one of possessing 0.3grams of heroin.
Defence lawyer Damien Pitts acknowledged the community was fed up with those who drove off without paying for petrol but said there would be general sympathy for his client if people were fully aware of his circumstances.
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The 44-year-old had been assaulted as a child by Clinton Kirkbride, Mr Pitts said, and had gone from being a straight A student to losing all interest in school, then dropping out.
Kirkbride, known as the "toe tickler", was convicted in 1996 of multiple assaults that involved breaking into houses around Bendigo while families slept and removing the bed covers from children to fondle their legs and feet.
The 44-year-old had started using illicit substances at the age of 14 and in his early 20s made the mistake of getting into heroin, which he had since battled to get off, Mr Pitts said.
At the time of the petrol thefts, his addiction had driven him to spend all his available income on the drug, according to his lawyer.
The father-of-two had also been experiencing difficulties with his health and his family life.
His daughters, now aged 10 and 17, had been removed from their mother and were now living with the accused and his parents.
Despite the challenges he had faced, the 44-year-old who got a job as a FIFO worker in the mines when he dropped out of school, had managed to build an "impressive resume" in earthmoving and mining, Mr Pitts said.
He had now got himself onto methodone and was receiving specialist support, and over the past nine months had committed no further fuel drive-offs or dishonesty offences.
He had also recently been offered work.
Magistrate McRae sentenced the accused to a fine of $1500 rather than a community corrections order, which she said could restrict his capacity to work.
She advised him to "think of the bigger picture", which was the safety and benefit of the whole community, and to "work very, very hard" to avoid relapsing into addiction.
"I don't want to see you back here," the magistrate said.
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