Gavin Wane Volker sentenced in Mackay Magistrates Court

A magistrate has warned a man, who blamed “mental health issues” for missing court and landed in the lock-up as his parents drove 900km to see him, that many in his position can still be “responsible”.

Gavin Wane Volker faced Mackay Magistrates Court on Monday, May 15, 2023.

A Dalby mum and dad drove 10 hours to be with their son on Mother’s Day only to discover he was locked up in the Mackay watch-house.

Police had arrested Gavin Wane Volker, 46, after he failed to front court. Twice.

Volker was visibly upset as he faced Mackay Magistrates Court on Monday and pleaded with Magistrate Bronywn Hartigan to finalise his matters while his parents watched on.

The court heard Volker stole $139.47 of fuel from Rural View Ampol service station and also drove while disqualified on March 9.

Prosecutor Leonie Taufa’ao said when police spoke with him on March 23 after reviewing CCTV footage, Volker said he thought he had cash to pay but “a friend must have taken it”.

A day after pinching fuel, Volker lent his car to a friend.

CCTV captured the friend allegedly using the Kluger to steal parcels of Lite ‘N Easy meals valued at $300 from a Rural View home about 1.45pm.

At 6pm, police officers searched Volker’s home where they found some unopened meals and he admitted to knowing they were stolen but said it was not his doing.

Then on March 15, at 3.15pm, officers intercepted Volker driving while disqualified.

He told police “he was taking his son to work”.

Ms Taufa’ao said officers again attended Volker’s home on March 24 on a “wanted person inquiry” during which they found items in his bedroom used for smoking marijuana and methamphetamines.

Gavin Wane Volker faced Mackay Magistrates Court on Monday, May 15, 2023.

The court further heard CCTV had also captured Volker stealing a tyre from his neighbour as he “needed” one for his Kluger.

Duty lawyer Geoff Govey said the disability pensioner was diagnosed with PTSD, anxiety and depression following a 2002 fatal car crash.

“He clearly has mental health concerns, that perhaps explains why he didn’t turn up to court and perhaps why he didn’t engage in probation,” Mr Govey said.

Volker failed to report on six separate occasions with Magistrate Bronwyn Hartigan saying “she had no idea” why he was not charged with breach offences.

Volker told Ms Hartigan he had slept through his court appearance because of his ongoing mental health.

“Plenty of people are depressed, they have bipolar, they have schizophrenia, there’s plenty of mental health issues. But they’re still responsible for coming to court,” Ms Hartigan replied.

Volker pleaded guilty to all matters and was sentenced to 12 months' probation, during which he must attend a drug rehabilitation course and a stealing aversion program.

His licence was disqualified for four years, convictions were recorded, and he must pay restitution to Ampol.