Former Bodalla Nomad charged with robbing alleged drug dealer, stealing cash, drugs

A former Bodalla Nomad has been told by a South Coast judge he’s no “Robin Hood” after being charged with robbing an alleged drug dealer of cash and a stash of drugs.

A former Bodalla Nomad has been charged with robbing an alleged drug dealer of cash and a stash of drugs while his co-accused allegedly threatened to burn the man’s house down.

Kieran Stewart, 37, was sentenced to five-and-a-half years in prison for robbery in company at the Bega District Court on Thursday after an incident at Potato Point, near Tuross Head, on May 19 2021.

Judge James Bennett told the court at a sentence hearing the previous day that Stewart was no “Robin Hood”, and said even drug dealers were afforded protection from robbery and violence under the law.

“The fact that he might have been a drug dealer at whatever level doesn’t justify going in and committing a crime with a view to robbing him and taking the drugs,” Judge Bennett said.

“The accused were going to benefit from what they perceived to be the gain to the victim from that activity, plus whatever he had leftover that hadn’t been sold for whatever use they were going to make of it.”

According to police facts quoted by Judge Bennett, Stewart had known the victim since childhood, and had maintained cordial relations with the alleged Narooma-Bodalla area drug dealer up until the incident.

Kieran Stewart, 37, was sentenced to five-and-a-half years in prison for robbery in company at the Bega District Court.

“At about 1.47pm on May 19, the victim was home alone when he saw the shadow of the person walking outside his house,” Judge Bennett said, quoting the agreed police facts.

“The victim thought it was his friend coming over to watch the horse races. The victim looked outside and saw the offender with another unknown male (and) said: ‘Hey Kieran, what’s happening?’.”

The men entered the loungeroom of the house where the victim asked what they wanted.

“The second male said: ‘We’re here for your money and your stash. Don’t f**k around or we’ll burn your house down’,” Judge Bennett repeated.

“The victim was petrified. he said: ‘Come on, Kieran. I’ve known you for a long time. What’s this about?’.”

Stewart responded: “I don’t give a f**k. You’re on my turf, this is rent.”

The victim retrieved approximately $600 in $100 and $50 denominations which were concealed between two books, as well as around $450 from his wallet.

The second man then said: “Where’s the dope? Don’t f**k us around, I’ll chop your leg off with a pair of scissors”. The victim then handed over a sealed bag containing around 15g of dried cannabis.

After pleas from the victim, Stewart urged the second man to hand back $100 before telling him not to “tell the jacks”. The victim then spoke with a friend after which they visited the Narooma Police Station.

On May 25, a further altercation took place at a Bodalla bowling club between Stewart and the victim’s friend during which he called the man a “dog” before punching him.

“The offender began to abuse patrons of the club, screaming ‘you can all get f****d, you’re all dogs’,” Judge Bennett said.

“He pointed his finger at the friend and said: ‘You’re gone c**t. I’m going to come back and get you.’”

Stewart’s solicitor argued that the Bodalla man was unaware of a $1200 bet the victim had placed at “the club” days earlier.

Stewart attended Nowra Police Station the following day where he was charged with robbery in company and assault, as well as three counts of intimidation.

The assault and intimidation matters were resolved at Batemans Bay Local Court, where Stewart received a term of 16-months imprisonment, which commenced on August 26, 2021.

Stewart’s solicitor argued that the Bodalla man was unaware of a $1200 bet the victim had placed at “the club” days earlier, and that the objective seriousness of the charges were “on the low end of mid-range”.

Judge Bennett agreed with that assessment, but stated it was ultimately immaterial.

“The extent to which the offender might be seen to have performed a lesser role in the robbery is in my assessment not significant,” he said.

Judge Bennett told the court Stewart had an extensive criminal history dating back to the early 2000s, and had more recently committed a number of custodial offences for which he was placed on good behaviour.

The court heard that Stewart had previously been convicted of charges of assault, affray, driving charges, domestic violence, and drug charges. He was also on parole at the time of the offence.

For a period of seven years, though, Stewart’s lawyer argued he had been living a stable life with a home and a stable relationship with three kids, and had a job in the food industry.

That all changed, Stewart argued, when he was investigated by Parramatta Police detectives in 2014.

“I was investigated for a homicide. They went to my work and told my boss I was being investigated, and they told my ex-partner I was the one that killed the guy. This caused arguments with her,” he said.

Bega District Court.

He was not charged, but the incident caused a breakdown in the pair’s relationship, Stewart’s lawyer argued, citing a psychologist’s report detailing the effects the incident had, as well as that of the domestic abuse he saw as a child.

By December 2014, Stewart was charged with a number of domestic violence and driving matters, as well as resisting arresting officers, and was called up to the crime commission in regards to the homicide.

From 2018, Stewart admitted to the police prosecutor he had been involved with the Nomad motorcycle gang, an association that ended in the last year when Stewart committed to his current partner.

“She asked me to choose my mates or her. I chose her,” he said.

Judge Bennett told the court he did not agree with the findings of the psychologist’s report that detailed the long-term effect the domestic abuses he had witnessed as a child had on him.

He cited Stewart’s ability to maintain a job and a relationship in the past as evidence, and said it would be inaccurate to say his experience as a child had any affect on the current offending.

Stewart appeared on Thursday via AVL from the Nowra Correctional Facility, and has been in custody since late May 2021. The current sentencing will be backdated to align with his imprisonment in August 2021.

He will be eligible for parole from February 25, 2024.