Raymond Smith: Darebin Creek Trail paling thief appeals sentence
A man risked breaching the lockdown rules and his bail to steal wooden palings from the popular Darebin Creek Trail. And now he’s fighting the harsh punishment given to him in court.
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A man who broke Melbourne’s lockdown curfew to steal wood palings from a popular walking trail in Melbourne’s northeast is protesting the punishment dished out by a magistrate.
Raymond Smith will face the County Court on October 2 to appeal the 75-day jail sentence he was handed in Heidelberg Magistrates’ Court over the incident on September 7.
The unemployed 30-year-old and a teenager were seen removing merbau timber from the walkway railing along the Darebin Creek Trail in Bellfield during the night.
The pair loaded the stolen wood into the roof racks of Smith’s partner’s car and drove off, before being stopped by police.
Smith was on bail for burglary and theft charges, and was also charged with breaching Melbourne’s COVID-19 curfew.
He fronted Heidelberg Magistrates’ Court again on Monday, September 21 to apply for bail ahead of his appeal.
Lawyer Chris Brydon said if Smith stayed behind bars until the appeal he was at risk of spending longer in jail than could be ordered on a new sentence.
Smith would have served 25 actual days by the appeal.
Mr Brydon said Smith had a seven-month child and a supportive partner and had a borderline intellectual disability.
But Magistrate Jennifer Tregent said those factors didn’t amount to exceptional circumstances, and that the appeal date had likely been set knowing Smith was in jail.
She refused bail.
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