A North Wagga man has been fined and placed on a community corrections order for carrying a tomahawk hatchet in public and using it to break into cigarette butt disposal bins in an attempt to retrieve tobacco.
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Matthew Christopher Engley, 36, appeared via video link in Wagga Local Court on Monday on the charges of carrying an offensive weapon and damage and destroy property.
The charges related to an incident where Engley used the tomahawk to break into cigarette butt disposal bins at the Wagga City Council Civic Centre. Engley's solicitor told the court his client pleaded guilty to the two charges with no dispute over the facts.
"The damage was committed to get cigarette butts for tobacco," Engley's solicitor said.
Magistrate Christopher Halburd noted that Engley had no previous criminal record and was not carrying the weapon with intent to assault a person.
"Did you realise that carrying around a hatchet could cost you two years in jail and a $5500 fine?" Magistrate Halburd said. "I guess you know now."
Engley's solicitor told the court his client had the ability to pay a fine.
Magistrate Halburd imposed a $550 fine for the weapons charge and $550 for the damage property charge, with a six-month community corrections order.
"You can't go around destroying ratepayers' property as they are the ones who have got to make good on the damage you do," Magistrate Halburd said.
"Sorry," Engley responded.
Magistrate Halburd warned Engley that he must not commit further offences during the community corrections order. "If you reoffend, don't be surprised to find yourself back in jail," Magistrate Halburd said.
Engley was already in custody due to the weapons and property damage charges constituting a breach of bail previously granted over an alleged assault occasioning bodily harm on January 1.
The police prosecutor opposed bail as Engley's living situation at a caravan park would place him at risk of committing offences.
Engley's solicitor told the court his client had been accepted into rehabilitation at Wagga and would live there while on bail. Magistrate Halburd said there would be a bail condition that we would not have any contact with witnesses in the assault case.
Engley was bailed to reappear on next month on the separate charge of assault.
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