Tatted-up convicted crook Leigh McGrath causes spiff between magistrate and lawyer
Transferring cases between courts risks giving criminals “immunity” for new offences, a magistrate has said as he dealt with a tatted-up Narre Warren South concreter.
Melbourne City
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Transferring cases between courts risks giving criminals “immunity” for new offences, a magistrate has said as he dealt with a tatted-up Narre Warren South concreter.
Leigh McGrath, 39, fronted the Melbourne Magistrates’ Court on Wednesday to plead guilty to charges including burglary, intentional damage to property and theft.
The court heard McGrath’s latest offending had breached a two year drug and alcohol treatment order from April 2024.
McGrath’s legal aid lawyer Graeme Davis requested the Melbourne court adjourn his client’s guilty plea so it could be heard alongside an old matter in Dandenong later this month.
But Magistrate Brett Sonnet said similar cases had already been “excessively discussed by other magistrates”, adding the courts shouldn’t keep absorbing new crimes into old sentences.
“The original sentence was proportionate (to the original offending),” he said.
“Subsequent offending is in breach of that sentence.”
Mr Sonnet said “sending the matters back to drug court” could give McGrath “immunity from being dealt with for new offences”.
Mr Davis gave a “spirited defence”, arguing McGrath was “entitled to have all the matters resolved together”.
Mr Sonnet adjourned his decision for seven days, ordering Mr Davis to enter written submissions including the legal framework for why McGrath’s matters should be sent to Dandenong.
The matter returned before Mr Sonnet on Wednesday May 21, where he agreed to adjourn the matter to the Dandenong Magistrates’ Court on May 27.