Confusion as brothers listed for sentence on the same day

Two brothers were due to be sentenced on the same day in a Logan courthouse, leading to confusion on who was charged with what.

It wasn’t a good day for the Appleby family.

In a highly unusual coincidence, two brothers from the same family were due to be sentenced to a string of 21 property, drugs and driving offences.

But one didn’t show, and now has a warrant out for his arrest, while their sister sat in a courtroom to support the other brother who faced justice via videolink from a jail.

Troy Robert Appleby, 40, was sentenced to jail in court six at Beenleigh Magistrates Court this morning for nine crimes.

Over in court two, his brother Timothy James Appleby was due to be sentenced for a dozen offences but did not appear. A warrant is now out for his arrest.

The situation led to a moment of confusion when Troy Appleby, who appeared via videolink from Wolston Correctional Centre, hesitated before pleading guilty to a driving offence.

But Magistrate Louise Shephard then noticed the charge actually applied to his brother Timothy.

After the matter was cleared up, the court then heard the pair was charged on February 4 after police stopped them on a Logan street.

An inspected of Troy Appleby’s backpack was found to have a lawnmower component suspected to have been stolen, the court heard.

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Police prosecutor Sgt Stephen Crane said a search also uncovered amounts of cannabis and methylamphetamine which Troy Appleby admitted to owning.

He also admitted to stealing numberplates from a car at Indooroopilly on December 30 and stealing a car while the owner ducked inside a shop, leaving her engine running.

A search of a Logan Reserve property where Troy Appleby was living found the car in a garage, but with the stolen numberplates attached.

Troy Appleby’s lawyer, Ms King, said her client had endured a very traumatic childhood and was homeless at one point.

He began became addicted to drugs after falling in with a bad crowd and on one occasion woke up to find a syringe sticking in his arm.

“He ran away from home multiple times and on one occasion was left in a shed for four days (as punishment),’’ she said.

“(More recently) he broke his back in an accident in 2013 and suffered a brain injury, which has made it difficult for him to obtain work.’’

“He hopes to complete 12 months’ rehabilitation at Victory House (drug rehabilitation centre) upon his release from jail.’’

Magistrate Shephard took into account Troy Appleby’s guilty plea on all charges and his traumatic childhood.

But she said the offences were committed while on court-ordered parole for previous drug matters, which had attracted a three-year sentence.

Ms Shephard noted that he had previously breached “every alternative (to prison) I can think of’’ including intensive correction orders, parole and suspended sentences.

She said there was no alternative other than to jail him for a total of 12 months. Convictions were recorded on all charges.