Builder Christopher Richard John O’Toole tells court he is ‘shocked’ at potential penalties he faces

A builder who admitted taking deposits for work that was “never started” has told a court he’s “shocked” by his potential penalties – and asked for more time.

A builder who has admitted he was doing the wrong thing will seek legal advice after becoming “shocked” at the potential penalty he faces, a court has heard.

On Monday, Christopher Richard John O’Toole, 43, appeared in the Elizabeth Magistrates Court for sentencing submissions before Magistrate Edward Stratton-Smith.

The unrepresented O’Toole, of Norwood, made an application for an adjournment saying he needed legal advice before facing any penalty.

Christopher Richard John O’Toole, 43, of Norwood, told the court he was “shocked” by his potential penalty. Picture: Facebook

“From the outset I was fully aware of the actions that I have taken, which is why I plead guilty,” O’Toole said.

“In terms of the penalties and things like that I was a little bit shocked.

“I received the submissions (from prosecution) and I read through all of that and I got a little shocked in terms of what I’m looking at … I just need some advice, I’m just worried about the penalties.”

O’Toole has pleaded guilty to accepting more than $20,000 in deposits from clients on behalf of Adelaide Fence Corp Pty Ltd.

The court has heard the Commissioner for Consumer Affairs will demand compensation from five clients of about $20,000.

Adelaide Fence Corp has pleaded guilty to five counts of carry on business as building work contractor unlicensed, four counts of failing to provide goods and services within reasonable time and one count of demanding unauthorised payment.

One client paid a deposit of $8500 for works not completed by Adelaide Fence Corp Pty Ltd

O’Toole has pleaded guilty to five counts of aiding and abetting Adelaide Fence Corp to carry out unlicensed work and four counts of aiding and abetting failing to provide goods and services.

Under the Building Work Contractors Act 1995, unlicensed builders face a fine of up to $50,000 for the first and second offence, and another $50,000 or 12 months jail, or both, for subsquent offences.

A body corporate faces a $250,000 fine for each offence.

The offending relates to a series of quotes for fencing work at North Haven, Tea Tree Gully, Ovingham, Gould Creek and Modbury between May 30, 2021, and March 3, 2022.

Clients paid deposits of between $1363 and $8500 for demolition of old fences, construction of new ones, automated sliding gates, concrete footings and a retaining wall that allegedly never began.

Mr Stratton-Smith said it was important O’Toole receive legal advice regarding what the Commissioner was alleging the money was spent on and consider his, and the company’s, ability to pay any penalties.

The matter was adjourned to return to court later this month.

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