Burleigh Autobarn, Bunnings: Couple avoid jail after stealing $4.3k from Gold Coast shops
A Gold Coast couple stole more than $4.3k from local retailers including Autobarn and Bunnings. Here’s why.
Police & Courts
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A Gold Coast couple said they stole more than $4.3k from local retailers because of the pandemic.
De facto partners Gerard John Scott and Tina Maree George pleaded guilty in Southport Magistrates Court on Thursday to five charges of stealing following their crime spree last year.
The court heard the couple stole items worth $4319.95, including a jump starter pack from Autobarn Burleigh in June 2022 and other items from Bunnings.
Police prosecutor Senior Constable Andrew Smith said 39-year-old Scott had a “very limited history”, with only one drug utensil charge from 2015 on his criminal record.
“He has no prior dishonesty offending,” he said.
“(Stealing) does appear to be out of character.”
Meanwhile 39-year-old George fronted court with a very different history, her record showing “dishonesty offending” and drug matters.
“Imprisonment is not outside of the range for this defendant due to her history,” Sen. Cons. Smith said.
The prosecution asked for $2159.97 in restitution from each of the co-offenders.
Defence lawyer, Demi Quadrio of Gatenby Criminal Law, tendered character references for both into evidence.
The court heard New Zealand-born Scott moved to Australia in 2005, and that George – who he shares five children with – is his main support network.
“Mr Scott is not eligible for Centrelink (because) he’s not an Australian citizen,” Ms Quadrio said.
“He was working (but) when the pandemic occurred, he ultimately lost his job.”
The solicitor said George was operating a beauty therapy business at the time but it was also shut down when Covid hit.
“They were struggling to meet their rental repayments and the fees and ongoing care of a number of children (four) at home,” Ms Quadrio said.
“That caused a significant financial stressor for them.”
The court heard Scott is now undertaking “sporadic work”, with his lawyer asking not to record the matter on his record for that reason.
“A conviction being recorded against him would have a negative impact on (his full-time work prospects),” Ms Quadrio said.
The lawyer said George wasn’t currently employed, but hoped to restart her business.
The defence said the couple have “very limited” capacity to pay fines and restitution, given a lack of funds was the reason for offending in the first place.
Ms Quadrio told the court she was concerned Scott and George would be “set up to fail” if a financial penalty was handed down.
She pointed out the mother-of-five had never breached court orders before.
The lawyer said George became involved in “substance abuse” after two “significantly violent relationships” prior to dating Scott, and that her history reflected that.
“Although the same kind of offending (appears on her record), these (new charges) were not born out of trying to fund a drug addiction,” Ms Quadrio said.
Acting Magistrate Sarah Thompson agreed that this background was “consistent with” her history, which included drug possession and supply.
She said the pair were “working as a team” in what she called a “quite sophisticated” operation.
The magistrate told the couple there was “some form of concealment, and distraction of the store attendants” throughout their stealing spree.
Acting Magistrate Thompson warned of the “flow-on effect to the community”, who will “ultimately pay” for the theft through insurance claims.
“You’re causing pain to the community as a consequence of your dishonesty,” she said.
The magistrate was concerned about the two probation orders George had completed in the past.
“It seems, despite the court’s leniency, that hasn’t deterred you from offending,” Acting Magistrate Thompson said.
The magistrate accepted that the offending happened “out of financial desperation”, telling the duo “if I impose a fine, I’m just going to create further financial stress on your family”.
Scott was ordered to complete 60 hours of community service and no conviction was recorded.
George was convicted and sentenced to six months imprisonment with immediate parole.
No restitution was ordered.