Jason Cheney: Former Wollongong fisherman appeals break and enter, theft jail sentence
A former fisherman’s decision to break into a Wollongong home and steal a bike resulted in him catching nothing but jail time, with the 50-year-old attempting to overturn his sentence.
Illawarra Star
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A former South Coast fisherman turned ice addict has partly appealed his jail sentence weeks after breaking into a home and stealing a bicycle while on bail.
Jason Cheney, 50, appeared via video link in Wollongong District Court on Wednesday, to appeal a sentence handed down by Magistrate Michael Love in Wollongong Local Court on May 14.
He was convicted and jailed for one year, with a non-parole period of six months, after pleading guilty to break and enter with intent to steal, and possessing break-in tools.
The charges stemmed from an incident earlier this year when Cheney scoped out a Wollongong home, returned later, broke into the garage, and took the owner’s bike.
He was stopped by police soon after and found with tools he claimed were to “fix bike tyres”.
Following an investigation, he was arrested and charged.
In Wollongong District Court during his sentence appeal on Wednesday, Cheney’s solicitor argued the Local Court sentence was excessive.
He said Cheney was diagnosed with cancer in 2018 and turned to ice after his marriage fell apart.
Cheney, addressing Judge William Fitzsimmons directly, apologised for the home invasion and theft.
“You cannot help yourself to people’s stuff, even if you think it’s rubbish,” he said.
“I’m very remorseful for my actions and I’ll never do it again.”
However, Judge Fitzsimmons noted the stolen bike had not been recovered and the fact he was on bail for unrelated offending at the time.
Before delivering his decision, he acknowledged Cheney’s limited record and former work as a seasonal tuna fisherman across the South Coast.
However, he said offending while on bail and the level of planning meant the full jail term could not be overturned.
The sentence and parole period were each reduced by just one month.
Cheney’s convictions stand.
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