Joshua Barry escapes jail after stealing $150,000 tractor from Terang farm

A 29-year-old man has dodged time in prison after making the “impulsive” decision to steal a tractor from a Terang farm earlier this year.

A Western District man has escaped jail after pleading guilty to the theft of a $150,000 tractor earlier this year.

Joshua Barry, 29, of Boorcan, appeared in the Warrnambool Magistrates’ Court on Friday, October 6 where he pleaded guilty to one charge of theft of a vehicle, while a second charge of handling stolen goods was withdrawn.

The court heard a 2021 green John Deere brand tractor was stolen from a property north of the Terang harness racing track on the evening of Saturday, May 27.

The stolen tractor was reported missing on Sunday, May 28 before it was found abandoned in roadside trees at about 11am Wednesday, May 31 at Cundare, about 25km north of Colac.

The court also heard two other people were involved in the incident, but Barry’s lawyer said it was unclear if those men had been dealt with by the courts.

Barry’s lawyer also said his client was involved in the theft, but was not the “ring leader”.

The court also heard the tractor had minimal damage after the incident and was returned to the owner.

A 2021 John Deere front-end loader tractor, similar to the one pictured, was stolen from a Terang farm earlier this year.

Barry’s defence said the abattoir worker had become a “recluse” since the incident, feeling shame and regret.

“The defendant found himself at a residence having some drinks and made the impulsive decision to steal the tractor,” Barry’s defence said.

“He regrets his actions.”

In sentencing Barry, Magistrate Gerard Lethbridge said the defendant was fortunate to avoid imprisonment.

“Mr Barry you’ve managed to step into criminal law at the deep end. The theft of something valued at over $150,000 plainly is something of great significance and seriousness,” Mr Lethbridge said.

“Had you got away with that theft, somebody somewhere would be left holding the can.

“Whether it be the hapless farmer, or the insurance company. There are victims in these circumstances and that is something you simply can’t walk away from.

“However, this court is very, very reluctant to send first time offenders to jail.

“It can be unpleasant, damaging and destructive in the first term of imprisonment.”

Mr Lethbridge convicted Barry of the charge and sentenced him to an 18-month community corrections order which will involve 240 hours of unpaid community service.

Barry’s existing driver’s and tractor licences were also cancelled and he was disqualified from driving any vehicle for 12 months.

Mr Lethbridge said if Barry breached his community corrections order he would have “no hesitation” in sentencing him to six months jail.