Two men have narrowly avoided jail time after they were caught breaking into a storeroom at the Victoria Hotel on Baylis Street.
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Mitchell Chant, 18, and Peter Cupitt, 26, both apprentice diesel mechanics, travelled to Wagga on March 19 for work and checked in to the Vic for the night.
About 9:30pm that night, the pair wandered up to the second floor, stole a few items from inside a storeroom, and caused substantial damage when they attempted to bust open a roller door leading to the nightclub.
The police arrested the pair in the hotel’s car park the following afternoon after reviewing CCTV footage of the incident; when Cupitt asked what they were being arrested for, Chant told him it was ‘about going into the store-room’.
Both men pleaded guilty to aggravated break and enter and property damage in Wagga’s Local Court on Wednesday.
Magistrate Christopher Halburd was quick to inform the duo that the majority of offenders in their situation end up behind bars.
“Is your client aware that 68 per cent of people who get charged with this offence go to jail?” Mr Halburd asked.
“I have explained to him that it has a maximum penalty of 20 years’ jail,” Chant’s lawyer replied, adding that his client was “inexperienced, drunk, stupid, and doesn’t remember much of the incident”.
“The fact that someone was intoxicated isn’t a factor of mitigation,” Mr Halburd responded. “To put it plainly, it doesn’t it excuse what they did, it doesn’t make it any better.”
Solicitor Max Staples, who represented Cupitt, told the court his client’s behaviour was very out of character and that he felt “shame and remorse” for what he had done.
“The behaviour, and this is recognised by my client, is criminal, it is shameful, but my submission is it’s something from which Mr Cuppit can learn and can benefit.”
“My client intends to pay for the damage and any other compensation that is raised.”
Mr Halburd sentenced Chant and Cupitt to 12-month good behaviour bonds, ordered them to each contribute $527.50 to repair the roller door they damaged, and left them with a few stern words of warning.
“It’s a most unusual situation, but this was a place you were staying at, so in a sense you’ve abused the trust of the establishment,” Mr Halburd said.
“You need to know if you breach that bond, you’ll be brought back in and re-sentenced.”
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