Bernie Gleeson on break and enter charge at Tweed court

A man who broke into an underground carpark and stole a $4000 trail bike has been granted an “act of mercy” by a magistrate. See why.

A 28-year-old man who broke into a Tweed Heads apartment complex to steal bikes has narrowly avoided jail time.

Bernie Gleeson, of Cabarita Beach, pleaded guilty to aggravated breaking and entering to commit larceny in company at Tweed Heads Local Court on Wednesday (August 31).

Gleeson and another man busted into the underground carpark of an apartment complex in Tweed Heads by “jemmying” the ground flood side door using an unknown tool at about 2.30am on October 6 last year, police facts stated.

Once inside, the pair took a Honda CRF 450X trail bike valued at $4000, and two mountain bikes – one a Norco Indie-3 valued at $300 and another a Malvern Star valued at $200.

Bernie Gleeson, of Cabarita Beach, outside Tweed Heads Local Court on Wednesday (August 31).

Gleeson’s lawyer noted his client had entered only the garage of the victim and not their residence, and asked that consideration be given as Gleeson had completed drug and alcohol rehabilitation.

Magistrate Geoff Dunlevy said the maximum sentence for aggravated breaking and entering was 20 years in prison, and noted it was the most serious offence Local Court could deal with.

Mr Dunlevy said Gleeson had good prospects for rehabilitation and the accused’s criminal history – which court documents reveal to be extensive in both NSW and Queensland – was not serious enough to take into account during sentencing.

“It looks as you have taken genuine steps to rehabilitate yourself,” the magistrate said.

Gleeson had already served two months in custody, before being granted conditional bail on January 12 to Balund-a – a residential diversionary program – where he spent seven months until being granted bail on August 15.

Mr Dunlevy said Gleeson’s time in Balund-a was very much like prison.

As “an act of mercy”, the court heard that Mr Dunlevy would allow Gleeson to serve his sentence in the community as that was the best option for his rehabilitation.

Gleeson was convicted and sentenced to a 12-month intensive corrections order.

Gleeson is required to do 100 hours of community service and comply with all directions from a Tweed Heads Community Corrections supervisor, including participation in any program, treatment or intervention deemed appropriate.