Five-months, no-arrests record earns young man last chance to end his 13-page criminal history

A young man who has replaced stealing and damaging city property with swimming and playing pool has been given a last chance by a Cairns Magistrate to extend his record of five months with no arrests.

A Cairns Magistrate has sentenced a repeat city ‘nuisance’ offender to 18 months imprisonment with an immediate parole order, giving him the chance to extend his five-month record of no arrests.

A young man with a 13-page criminal history and “profound” health and life challenges has been offered a final chance by a Cairns Magistrate to continue his new-found life without crime.

Lyndon Desmond Roberts, 24, pleaded guilty in Cairns Magistrates Court to 13 charges including enter dwelling, attempted entry, stealing and wilful damage, all related to offences in and around the city between March and May this year, including damaging city businesses, cars and stealing alcohol.

Magistrate Kellie Walker sentenced Roberts to 18 months jail with an immediate parole and probation order, which allows him to stay in the community under supervision, but will see him sent straight back to prison if he commits any offences.

“You’ve shown for five months that you can abide by the law,” Ms Walker said.

“I need to punish you today in a way that is just, but also to help you to be rehabilitated … I also have to make it clear that the community denounces this (behaviour) and I also have to protect the community from you.”

Police prosecutor Senior Sergeant Maynard Marcum asked the court to consider whether the 13 new offences – additions to Robert’s 13-page criminal history – should mark the “end of compassion” for a man who he acknowledged had significant health needs and an extremely difficult childhood.

“There was no rhyme or reason to his offending; the cases range from persistent nuisance to most serious cases of wilful damage,” Sergeant Marcum said.

“Plainly, Mr Roberts has some personal circumstances that require compassion … but, in the face of a serial property offender who offends, offends and offends again, there has to come a time.

“There’s a range of tolerance … There comes a time when mercy and compassion has to be tempered by the need to protect the community.”

He said Roberts’ latest offences included walking into two bottle shops in the city and “taking what he wanted”, stealing money from cars, damaging a city restaurant building to enter it, and stealing money from a cash register inside.

The most serious charge, he said, was a wilful damage, which resulted in $6000 of damage to parked in a used car yard.

Roberts was caught when CitySafe officers followed his activities on camera, ultimately identifying his face by zooming in on footage of the restaurant break.

Lyndon Desmond Roberts, 24, was identified by CitySafe Officers from CCTV footage.

Defence solicitor Chris West submitted there was hope for Roberts who had, with the assistance of care-providers and services like Youth Empowered Towards Independence, replaced stealing and drinking with swimming and playing pool.

He said jailing Roberts, who was more likely to commit offences when he was drinking, would “put him back to square one”.

“He is engaging in more prosocial activities … and the support he has been receiving (for his health and mental health issues) has meant his last offence was more than five month ago,” said Mr West.

“Mr Roberts has profound challenges. His mother died when he was four years old. He is now receiving six hours of care five days a week (for significant medical and mental health conditions) and he is not under the influence of alcohol.”

Magistrate Walker said sentencing Roberts was difficult because of the need to balance protection of the community, denunciation of behaviour and Roberts’ rehabilitation.

“While five months might not seem significant to some people, I acknowledge it is a significant achievement for a young person with your history and challenges.

“With this order, I am offering you the opportunity to decide whether you stay in the community.”

Originally published as Five-months, no-arrests record earns young man last chance to end his 13-page criminal history