Adam Mitchell Davis and Karl Humphries sentenced for stealing valuable equipment in Southern Highlands

Two men have been sentenced for stealing a $32,000 excavator from a Southern Highlands building site, with one of them also stealing $48,000 worth of equipment from another site just days before.

Two men have been sentenced for stealing a $32,000 excavator from a Southern Highlands building site, with one of them also stealing $48,000 worth of equipment from another site just days before.

Adam Mitchell Davis, 30, and Karl Humphries, 35, appeared at Moss Vale Local Court on Tuesday, with Davis appearing in person and Humphries via audiovisual link from prison.

According to the court documents tendered to the court, police were patrolling on Moss Vale Rd, Burradoo at about 7.45pm on January 19, and saw Davis driving a Kubota excavator on a building site.

The Heckenberg local and father-of-three was alleged to have been driving the 1.7 tonne machine towards a forced opening in the temporary fence around the site.

According to the court documents, officers saw Humphries standing beside a Ford ute with a trailer attached, and approached him.

The facts state he and his co-accused told police they had attended the site to collect the excavator for its ‘owner’, who had asked them to bring it to Campbelltown.

Adam Mitchell Davis and Karl Humphries were sentenced on Tuesday at Moss Vale Local Court. Picture: Wesley Lonergan

The Bargo resident and father-of-10 told police the owner, who he called ‘Tim’, had called him and offered him $250 to retrieve his company’s excavator, valued at around $32,000, and provided him with the key.

The key seized from the men was a universal key for Kubota excavators, and according to the police facts, is easily obtained on sites like eBay.

Police saw the temporary fencing had been lifted up from the heavy blocks and pushed open to gain entry to the building site, to which Davis allegedly told police they didn’t use the gate because they were “told to go through the fence”.

Karl Humphries and Adam Davis previously pleaded guilty to breaking into a building site on Links Rd in Burradoo to steal a 1.7 tonne excavator worth $32,000 on January 19, 2022. Picture: Google Maps

The facts show police searched the ute and found two sets of bolt cutters, which Humphries agreed “does look sus”.

When both were arrested that day for stealing the excavator in Burradoo, police also questioned Humphries for stealing another Kubota excavator and trailer from a Renwick estate just three days earlier, which facts state was seen by witnesses and on CCTV footage.

The orange coloured excavator and silver trailer were purchased by the owner of the constructions company for about $49,000.

When being questioned about the theft, facts state Humphries denied it and admitted to owning a trailer which was described as the exact one that was missing.

However when images were shown to him by police of him thieving, he reportedly became stunned and said “why are you stitching me up for”.

According to the facts, police located the trailer seen on the CCTV at his Bargo property, which now had different registration plates.

Davis, who Magistrate Mark Douglass said played “much less of a role” than his co-accused, previously pleaded guilty to entering a building site with the intent of committing an indictable offence, taking and driving conveyance without the consent of the owner, possessing housebreaking and vehicle break in tools, destruction of property, and committing an indictable crime with a previous conviction.

While Humphries pleaded guilty to entering a building site with the intent of committing an indictable offence, taking and driving a conveyance without consent of the owner, stealing a motor vehicle and trailer, and committing an indictable crime with a previous conviction. He also had a stalk and intimidate charge before the court.

Both were serving sentences for previous convictions relating to aggravated break and enter offences at the time.

Davis’ lawyer said that Humphries admitted in a police interview that Davis had limited prior knowledge about what was going to take place at Burradoo, though the lawyer acknowledged that when he realised they were stealing the trailer, he kept going.

Humphries, who represented himself, said he understood the seriousness of his actions and the affect on his life, his family and the co-accused. He also said he had “severe drug issues at the time of the offences”.

“I’ve tried to do rehab and have looked into drug courses in prison for meth,” Humphries said.

“This is the first time I’ve been clean in a long time and I won’t be picking up a habit of drugs again.”

When sentencing the pair, Magistrate Douglass acknowledged their remorse and contrition for the “serious offences” which have a “need for deterrence”.

For Davis, he said that he is “someone who has struggled throughout the course of time with drug and driving offences”.

“You played much less of a role and have less of a history compared to the co-accused,” Magistrate Douglass said.

For Humphries he acknowledged that he is “someone living with mental illness” and the need for him to participate in rehab.

However Magistrate Douglass said that the court couldn’t ignore such “brazen, targeted theft” and the “premeditated stealing of items of value”.

Davis was sentenced to a 12-month Intensive Corrections Order, with reporting to Liverpool Community Corrections.

Humphries was given a term of imprisonment of 18 months backdated to January this year, and is to be released on parole on October 19.

He was also sentenced to a Community Corrections Order for two years starting on June 14, in which he must abstain from drugs, participate in a mental health assessment and be supervised by Liverpool Community Corrections.