A man who helped take an "Aladdin's cave on wheels of stolen property" from a suburban Wagga building site before the car he was in crashed during a police pursuit has been jailed.
Timothy Charles Flitcroft had denied his involvement in the crime spree, claiming he had received a lift from a driver he didn't know, but was found guilty of two offences after a hearing in Wagga Local Court last week.
Flitcroft, of Ashmont, was charged with aggravated break and enter in company and larceny in relation to the theft of tools from a construction site at a home in Bourkelands in April.
According to court documents, the haul included power tools, boxes of screws, a garden rake, chisels, screwdrivers, hammers, a jackhammer and a small inverter welder.
The tools were taken away in a wheelie bin stolen from a neighbouring home.
In handing down his decision on Tuesday, Magistrate Christopher Halburd found the two offences proven and ruled the 34-year-old was involved in the crime.
The court heard two males were seen in a vehicle as it drove along Brooklyn Drive in Bourkelands about 6.15am on April 22.
About 6.30am, a council employee working at Jubilee Park witnessed the dark green sedan, which had no number plates, drive into the car park and saw two males get out. The worker also saw the green wheelie bin.
Police later spotted the car on Cottee Street in Ashmont about 6.50am and a pursuit was initiated. The car was driven into Webb Park and hit an embankment, causing it to roll onto its roof.
The bin was lying down on the back seat and stolen goods were found in the car.
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Flitcroft was hospitalised following the crash and the driver, Patrick Smith, was later arrested and charged.
Flitcroft did not give evidence during a hearing last week but the court heard he told police that he had received a lift and didn't know the driver.
Smith, also of Ashmont, pleaded guilty to seven charges, including police pursuit, aggravated break and enter in company, and larceny.
In June, he was sentenced to 13 months' jail with a non-parole period of seven months. He will be eligible for parole on January 8.
Smith was also disqualified from driving for three years and fined a total of $700.
In court on Tuesday, Magistrate Halburd said there was no doubt Smith was the driver of the vehicle.
He also said it wasn't in dispute that two people were involved in the break-in and that the stolen items were found in the same vehicle Flitcroft was in.
Magistrate Halburd noted the very short period of time between the Jubilee Park sighting and the pursuit.
"I'm satisfied that the person involved at Jubilee Park and throughout the incident is the defendant," he said.
Magistrate Halburd described the wheelie bin as an "Aladdin's cave on wheels of stolen property" and said Smith dropping the person involved in the break-in off and picking up someone he didn't know was a conclusion that stretched credibility to breaking point.
Flitcroft's Legal Aid solicitor Elodie Somerville said the offence was a relatively serious example of a break and enter, given the amount and value of goods stolen and the fact they were taken from a residential dwelling.
However, Ms Somerville said her client was not charged with as many offences as Smith and did not have the same criminal record.
She asked the magistrate to find special circumstances given Flitcroft had a long-standing drug addiction and he was suitable for rehabilitation.
Magistrate Halburd found the aggravated break and enter in company charge against Flitcroft proven and sentenced him to 10 months' jail, with a non-parole period of five months.
The sentence was backdated to when he was taken into custody, meaning he will be eligible for parole on September 24.
The magistrate indicated a substantial finding of special circumstances.
Flitcroft was fined $200 for the larceny charge.
A third, backup charge was withdrawn and dismissed.