Amy Joanne Michalski sentenced for aggravated breaking and entering

A junkie mum, who was on bail for breaking and entering when she broke into a hotel room and stole a handbag to fund her drug habit, has been sentenced.

A young mum addicted to ice, cannabis and GBH used “little planning” other than subterfuge of nightfall to break into a caravan and hotel room to steal valuables to fuel her drug habit, a court has heard.

Amy Joanne Michalski, of Berkeley Vale, faced Gosford District Court on Friday where she was sentenced to an intensive corrections order for two years and six months, with 300 hours of community service, after pleading guilty to two counts of aggravated breaking and entering.

She was also put on a conditional release order for 12 months for fraudulently using a stolen credit card, while a fourth charge of dealing with the proceeds of crime was taken into account.

Michalski was sentenced at Gosford District Court on Friday. Picture: Peter Clark

Judge Chris Hoy said the second aggravated break in was more serious because “the offender was on conditional liberty having been on bail for the first offence”.

“I think there was limited planning other than subterfuge at night,” he said.

Judge Hoy said her motivation was to “fuel her drug habit” but accepted she was genuinely remorseful and had good prospects of rehabilitation.

The court heard the 32-year-old had two children, who lived with her mother and father, and she was also ordered to live with her parents once she got out of residential rehabilitation in December.

“The seriousness of these offences must not be overlooked,” Judge Hoy said.

“Imagine waking up to find your place has been invaded and your handbag stolen from beside your bed.”

Michalski broke into a caravan at Dunleith Caravan Park where she stole a handbag, mobile phone and earpods.

An agreed set of facts states Michalski was captured on CCTV walking through the main gate at Dunleith Caravan Park at The Entrance North shortly after midnight on September 21 last year.

A couple and their son staying at their caravan had gone to bed an hour earlier, zipping up the annex but leaving their van door unlocked.

At around 12.45am the offender was again captured on CCTV leaving through the main gate on foot, this time carrying a black handbag over her shoulder.

When the family woke the following day they noticed the door to the caravan was open and the annex had been unzipped.

The son noticed his iPhone and earpods were missing, while his mum noticed her black handbag was also gone.

Earpods

and a mobile phone similar to those stolen. (file photos)

“Having looked for, and being unable to locate the phone and earphones the family used the ‘find my iPhone’ app which indicated that the phone was located in the vicinity of Windsor Rd, Berkeley Vale at 6.25am,” the facts state.

Three days later police conducted a search warrant at the then home of the offender at Windsor Rd, Berkeley Vale where they seized the black handbag, earpods and phone.

She was arrested and taken to Wyong Police Station.

They searched her mobile phone and found text and Facebook messages with an individual who offered Michalski “two points” of the drug ice for “that phone and headphones”.

Two months after her arrest, on November 8, 2020, Michalski was again captured on CCTV entering the Sapphire Palms Motel at The Entrance at 9.58pm.

At 10.17pm she was captured opening the door to a room where a couple and a child were sleeping.

When the female guest woke up the next morning she noticed her handbag was stolen, which included her NAB Visa card.

She logged onto her banking app and found there had been a number of transactions.

Michalski was captured on CCTV at the Caltex service station at Forresters Beach shortly after 7.30am the next day where she purchased a packet of Winfield blue 30 cigarettes and a bottle of coke for $67.29.

She also purchased a $3 lighter and an Aspera mobile phone for $99.

Michalski was captured leaving in a taxi but by then the victim had rung her bank to cancel the card.

The quick thinking cab driver took her to The Entrance Police Station. Picture: Google

“As by that stage this attempted transaction was declined and the offender was unable to pay the taxi fare by other means, the driver subsequently took the offender to the police station at The Entrance,” the facts state.

Police viewed the CCTV footage from the service station and located the victim’s credit card in Michalski’s underwear.

They also found the mobile phone she purchased and the cigarettes.

The court heard Michalski spent 30 days in custody before she was granted bail, which Judge Hoy took into account when sentencing her.