Serial thief Nicholas Jakubzik abandons appeal against sentence

A serial thief with a penchant for spending other people’s money has chosen to stay behind bars after a judge offered him the chance to be released with supervision.

Repeat offender Nicholas Jakubzik. Picture: Facebook.

A serial thief has abandoned an appeal and chosen to stay in jail rather than be released and supervised.

Nicholas Jakubzik, 34, appeared in the County Court at Geelong on Thursday to appeal a sentence imposed by the Magistrates Court in May.

Jakubzik had been jailed for 12-months, with a non-parole period of six months, after pleading guilty to a litany of charges including thefts, obtaining property by deception and possessing Viagra.

Jakubzik has spent 276 days, just over nine months, in custody.

Representing the Crown, barrister Fraser Cameron outlined the offences Jakubzik had been sentenced for, which spanned March to December 2023.

On two occasions, Jakubzik took items, including electronics and wallets containing bank cards from unlocked cars in Clifton Springs and Leopold.

He used the cards to make hundreds of dollars worth of purchases.

On other occasions he stole a pair of sunglasses from a Drysdale store – returning them three days later – and in another incident stole a woman’s phone and wallet from her home while she was outside gardening.

When arrested and interviewed, Jakubzik was compliant and cooperative with police. He told officers he had taken GHB at the time of some of the offending.

Jakubzik’s lawyer, barrister David Brown, acknowledged the offending had “a level of seriousness to it” and conceded his client had a relevant criminal history that was “somewhat concerning” but was “by no means extensive”.

The court heard Jakubzik had previously received jail terms of 80 days and five months, respectively.

Mr Brown asked the court to impose “a straight sentence”, as Jakubzik did not want to complete a community corrections order (CCO).

He told the court Jakubzik had applied for parole, but did not have details about if it had been granted.

Judge Michael O’Connell said he would be reluctant to release Jakubzik “into the community cold”, given the risk he might relapse and return to his offending behaviour.

Jakubzik did not want to receive a CCO, Mr Brown said, as he was “very focused on providing for his family” and thought an order might impact his ability to do so.

“Being in jail is more of an impediment,” Judge O’Connell noted.

Judge O’Connell said he was “impressed” with the way Jakubzik had been applying himself behind bars and had completed numerous courses.

Mr Brown said Jakubzik had strong family supports and would have work opportunities upon release.

Judge O’Connell told Brown he was minded to release Jakubzik into a CCO for six months.

“He can do the rest of his time without parole, or he can consider going back into the community subject to some supervision,” Judge O’Connell said.

That matter was briefly stood down so Mr Brown could receive instructions, and upon resumption he advised Jakubzik wanted to abandon the appeal.

Originally published as Serial thief Nicholas Jakubzik abandons appeal against sentence