Coronavirus: Matthew Stephan fined for failing to self isolate
A magistrate has handed down “the first sentence of its kind” after a man who had recently returned from overseas was caught out and about on three occasions when he had been ordered to self-isolate.
Southern Courier
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A Sydney man arrested for failing to self isolate on three separate occasions has learned his punishment in court after a prosecutor labelled his matter “the first sentence of its kind” in the state during the COVID-19 outbreak.
Matthew Adam Stephan, 30, who suffers from mental health issues and resides with his mum in Edensor Park, was convicted on Wednesday at Central Local Court but was spared a prison sentence.
Stephan flew home to Sydney from Jordan on March 18 with his mum.
The pair were told to self isolate for 14 days as per safety measures put in place to stop the spread of COVID-19.
Stephan was arrested at his home for an outstanding warrant two days later on March 20 and police reiterated his obligation to stay at home when they released him that same day.
However, a week later, on Saturday, March 28, police found him out and about in Pagewood in Sydney’s southeast during the early hours of the morning and fined him $1000.
The agreed facts stated police dropped him home but he left the house again soon after.
Police found him in Sydney’s CBD about 10pm that night and arrested him.
He was taken to hospital before being driven to Atlas Serviced Apartments in Camperdown the following day “to complete self isolation”, the agreed facts stated.
Upon arriving and being shown to his room he tried to walk out of the building.
“The accused was shaking his head and saying ‘No, not staying here. I’m leaving. I’m not staying here,’” the agreed facts stated.
Police tried to get him to return to his room but he refused.
He was arrested and was charged with two offences relating to failing to comply with self isolation orders.
He appeared at Central Local Court on Monday wearing a face mask and a magistrate ordered he be sent to hospital for a mental health assessment.
He returned before the court on Tuesday via audio visual link, dropping his head into his hands and crying before pleading guilty to the two charges.
After spending two nights in custody, he was sentenced on Wednesday at the same court.
Magistrate Margaret Quinn convicted him, fined him $600 and sentenced him to a community correction order for 12 months.
However, he was spared a prison sentence.
She took into consideration his mental illness, his age, his lack of record and his contrition in giving her sentence “even though the objective seriousness is quite high”.
“He now knows what will happen if he does not obey the law. His mother has indicated she will make sure he does not make any more excursions out.”
The prosecutor said a strong message needed to be sent to the community.
“This is the first sentence of its kind in relation to failing to comply with restrictions relating to COVID-19,” she said.
“There is a strong need for community protection.”
Stephan’s defence lawyer Mostafa Daoudie agreed there was a need for a strong message to be sent, but argued Stephan suffered from a mental health illness and had now completed his 14 day isolation period.
“The defendant is not fully aware of the consequences of his actions due to his mental health, specifically a learning disorder.”
Stephan suffers from learning difficulties, ADHD, substance use issues and has been on medication since the age of 4, the court heard.