Ralphy Burgoyne and Malcolm Gibbs pleaded guilty to SA Motorcycles break-in and theft
A judge has hit back at a lawyer’s request for a suspended sentence for a man with an “appalling history” who kicked down the door in a smash-and-grab at a motorcycle store.
North & North East
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A judge has hit back at a lawyer’s request for a man’s jail term to be suspended, after he helped kick down a door in a brazen break-in to steal expensive motorcycles.
Ralphy Solomon Jacob Burgoyne, 20, and Malcolm Roger Ross Gibbs, 19, were among the gang of thieves in the smash and grab at a motorcycle store.
Burgoyne, Gibbs and four youths broke into SA Motorcycles at Gepps Cross on November 27 and stole a large number of high value motorcycles.
The motorbikes, which included three red Honda trail bikes and a green Kawasaki trail bike, were valued at approximately $8600 each.
Burgoyne was captured on CCTV assisting in kicking open the front door and carrying out a motorbike, which he rode away on.
During sentencing submissions in the Adelaide District Court on Monday, Stacey Carter, for Burgoyne, asked Judge Paul Muscat to consider a suspended sentence.
“That’s not going to happen. I can tell you now, that’s not going to happen,” Judge Muscat replied.
“His record is appalling.”
When asked what the motivation for the offending was, Ms Carter said it was stupidity.
“Very foolishly these young boys have taken the bikes, they have gone back to a house, the police have attended at the house and there is mobile phone evidence of them riding around on them,” she said.
“He really needs to assess his friendship groups.”
The court heard Burgoyne, who was born in Whyalla and attended school in Port Lincoln, was previously sharing a cell with his father while in custody.
Ms Carter said Burgoyne’s time in custody had been “horrific and terrifying”.
Burgoyne, of Parafield Gardens, and Gibbs, of Adelaide, pleaded guilty to multiple offences, including serious criminal trespass and theft.
Nick Thomson, for Gibbs, said while the offending involved a degree of planning it was hastily and poorly thought out.
The court heard Gibbs had a tragic upbringing and turned to drugs and alcohol from a young age.
Judge Muscat said it was serious offending and Gibbs also had an appalling criminal history.
He will sentence the men in November.
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