David Smith pleaded guilty to one count of break and enter premises with stealing

An “easily recognisable” man who helped steal jewellery from a Queensland pawn shop and had to be placed in protective custody in jail now faces a new threat- deportation.

David Smith, 43, pleaded guilty to one count of break and enter premises with stealing when he faced Hervey Bay District Court this week.

An amputee who smashed his way into a pawnbrokers’ shop and stole more than $39,000 worth of items had to be placed in protective custody after he became a target during his time in prison, a court has heard.

David Smith, 43, pleaded guilty in Hervey Bay District Court to one count of break and enter premises with stealing.

In addition to prison time, Smith, who was born in Scotland, was also facing the prospect of deportation as result of his offending, the court heard.

He had a previous criminal history with drug and stealing offences.

The pawnbroker break-in happened on December 18, 2023, when Smith and an alleged co-offender went to Fraser Coast Quick Cash and used a grinder to break the glass, smashing their way inside the store and then into the glass cabinets inside, stealing about $39,500 worth of jewellery.

Smith was “easily recognisable”, the court heard, and an arrest warrant was issued.

He had spent a period of 120 days in pre-sentence custody, the court was told.

Defence barrister Ed Whitten said Smith had come to Australia with his family when he was 7.

He said depending on the sentence that was given, his client could be at risk of being deported.

Mr Whitten said Smith had been using alcohol and sporadically using amphetamines at the time of the offending.

Smith was in contact with his son, who lived in Bundaberg, the court heard.

His disability had made him a target as he needed crutches for mobility, and he had been placed in protection while he’d been in custody.

Smith’s mother, in court supporting him during the sentence along with his sister, cried as she heard her son had been targeted while in prison.

Mr Whitten said Smith cared for his partner of many years as she suffered from mental health issues.

Judge Deborah Richards said a significant amount of property had been taken during the break in and Smith had a longstanding alcohol and drug problem.

But she considered that he was an amputee, and his family was in court supporting him.

“Your time in custody I accept has been hard because you are an amputee,” Judge Richards said.

She sentenced Smith to two and a half years in prison with immediate release on parole with the 120 days he’d spent in presentence custody declared as time served.

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Originally published as David Smith pleaded guilty to one count of break and enter premises with stealing