Bradley Waters: Benalla crime spree blamed on intellectual disability

A man who stole a series of weapons, a motorbike and 20 power tools was taken advantage of by friends, a court has heard.

Bradley Waters faced the Wangaratta County Court. Picture: Brendan Francis

Bradley Waters defence barrister claims criminal networks used his client’s intellectual disability to get him to commit crimes on their behalf.

“They take the spoils of the crime, and he’s the one who ends up doing the term of imprisonment,” defence barrister Bruce Nibbs said.

Waters faced Wangaratta County Court via video link from Marngoneet Correctional Centre on charges of burglary, theft of a firearm, three counts of theft, and possess drug of dependence, on March 25.

His disability support worker also appeared via video link in support.

Crown prosecutor Michael Roper told the court Waters alleged stealing spree started on August 5, 2020, when he broke into a fencing contracting business and stole at least 20 power tools and chargers, a semiautomatic .22 rifle and an air rifle which where both unregistered and unsecured.

The value of the power tools is estimated to be $4000, and the value of the firearms $500. The air rifle was located but the .22 rifle is still outstanding.

Waters then attended a Benalla residential address where he stole a Royal Enfield motorbike from the back of a trailer, as well as a compound bow and accessories including arrows.

The value of the motorbike is estimated to be $15,000 and the value of the bow and accessories to be $3000.

On September 7, police attended a semirural vacant property where the accused and another male were standing in the front yard.

The court heard when Waters saw police, Waters disappeared out the back of the property.

Police search Waters’ Hyundai Excel and located 3.3g of cannabis, as well as a number of power tools linked to the burglary and his mobile phone, containing pictures of all the stolen items.

Waters was arrested at his home on September 8, where he made full admissions to his offending, telling police he had sold the motorbike, compound bow.

However he refused to notify police on the whereabouts of the missing .22 rifle.

“He didn’t want to say who it was or provide information into their identity,” Mr Roper said.

“He also admitted to selling power tools for $1500 and three points of meth amphetamine.”

Mr Nibbs said his client had an intellectual disability, and has struggled with substance abuse since age 12.

“A majority of his older years have been in the grip of mainly ice,” he told the court.

Mr Nibbs said his client was often used by his associates due to his intellectual disability.

“In terms of the firearms and not telling police where they are — you have to understand that, with my client, a lot of his thought processes are very much black and white,” he said.

“He’s always been brought up on the concept of not dobbing anybody in.

“And it appears that a lot of the crimes he’s committed, the people he’s associated with know that’s the way that he thinks.

“They then get him to do the crime, they take the spoils of the crime, and he’s the one who ends up doing the term of imprisonment.”

Judge Gabrielle Cannon said her main concern regarding Waters’ sentence was the protection of the community.

“But as far as I’m concerned, someone like your client, who’s prepared to go and take something as dangerous as the firearm that he won’t tell police where it is, that concerns me,” Judge Cannon said.

“He’s looking down the barrel of being in prison for a very long time with his behaviour.”

“He can’t keep behaving like this, whether he’s doing favours for his so called friends, or for whatever reason.

“He needs to decide if he wants to spend a lot of time in jail, or if he wants to live out in the community and do some concreting work or whatever he’s interested in …”

Judge Cannon suggested a term in residential rehab might be necessary for Waters to kick his ice habit.

Waters will return to Wangaratta County Court for a further hearing and possible sentence on May 18.