William Warren Darcy sentenced in Wagga District Court for breaking and entering, stealing car in Yass
A man who was a ‘getway driver’ for others and also broke into a garage and stole a car before running from police while he was high on the drug ice has fronted court.
The Wagga News
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A man who was high on ice and stole a car before being a “look out and getaway driver” for two other alleged offenders is now behind bars.
William Warren Darcy, 30, appeared via video link after pleading guilty to aggravated enter dwelling with intent to steal and aggravated break and enter and commit serious indictable offence.
Darcy, of Kaleen in the ACT, also pleaded guilty to the related charges of being in a stolen car and larceny.
Court documents state in March 2017, Darcy broke into a garage to steal a Ford Falcon sedan in Yass.
When Darcy was at a petrol station in Boorowa, he stole three baseball caps.
Shortly later in the town, two co-defendants allegedly broke into the house of a pregnant woman, who was with her two-year-old child at the time, intending to steal something.
When the victim confronted them, they ran out with Darcy pulling up in the Falcon to pick them up before speeding off.
Later that day, a police pursuit ensued after the Falcon failed to comply with orders to stop.
The car was later found in Cowra with numerous items inside, including various hand tools, mobile phones, caps, speakers and credit cards.
In October 2017, an extradition order was made in the ACT Magistrate’s Court in relation to an outstanding warrant for Darcy.
One year later, Darcy was committed to sentencing but failed to appear, leading to an arrest warrant.
Defence lawyer Jack Murray argued his client was remorseful, had a reduced moral culpability because he did not enter the Boorowa house and is institutionalised or at risk of being institutionalised.
Mr Murray also cited Darcy’s deprived background and the coronavirus pandemic, saying incarceration would be more onerous.
Jessica Dawson, representing the Director of Public Prosecutions, said the offences in Yass were aggravated because they happened in the victim’s home.
Ms Dawson also argued it was unlikely Darcy would not re-offend and unlikely he had good prospects of rehabilitation.
She also said his remorse was expressed only in reports and not in a court hearing, as well as him not at any greater risk than other inmates in relation to the pandemic.
In a psychological report tendered to the court, Dr Sharon Klamer said Darcy’s childhood involved being surrounded by violence, alcohol and prohibited drugs.
Dr Klamer also reported Darcy wanted to paint a painting for the victims to express his feelings of remorse and sorrow.
In his remarks, Judge Gordon Lerve said Darcy had a lengthy record — most of which are stealing, break and enter, deception and assault — that did not entitle him to any particular leniency.
“I cannot on balance find that he is unlikely to reoffend. I am fortified in that by the failure to appear,” Judge Lerve said.
“Although there are some very positive signs, I am not prepared to find on balance at this stage that there are good prospects of rehabilitation.”
He said Darcy’s moral culpability was reduced because he did not enter the Boorowa house and that the issue of institutionalisation goes towards a finding of special circumstances.
Judge Lerve also took into account one count of goods in custody and larceny of a motor vehicle.
Darcy was given a maximum of three years and three months.
With a non-parole period of two years and two months, as well as having been in custody since August 2019, he will be eligible for early release in October 2021.