A Parkes magistrate wanted a night to 'sleep on it' before deciding the fate of a Forbes man who broke into a home and stole a TV, laptop and game consoles.
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Christopher Michael Fisher of Marcia Street appeared in Parkes Local Court on July 20 and 21 via audio visual link from Wellington Correctional Facility, pleading guilty to break and enter house and steal, and damaging property.
Magistrate Brett Thomas wanted time to think about an appropriate sentence for the 35-year-old after a discussion with solicitor Matthew Tedeschi in the court on July 20, adjourning the matter to the following morning.
Mr Tedeschi said his client had entered an early plea of guilty at the first opportunity and that he assisted police in the recovery of all the items.
"That's something that goes in his favour in my submission," he said.
"Unfortunately one item was damaged which was the TV which is where the separate, damage property charge comes from.
"He's had a law-abiding life - it's been three years since his last offence and five years in between other offences prior to that.
"He does want to address his drug addiction issues and is willing to have drug and alcohol counselling and go into rehabilitation.
"He's already spent some time in custody, full time, that's six weeks so it's not like he hasn't spent any time in custody for his actions."
Mr Tedeschi added Fisher had demonstrated he could be of good behaviour and that an intensive corrections order would be appropriate.
Magistrate Thomas convicted Fisher on July 21 and sentenced him to a 10-month intensive corrections order to be served in the community with 120 hours of community service for his break, enter and steal charge.
Fisher was convicted of his damage property offence but with no penalty.
According to police facts tendered in court, Fisher attended a home in Little Queen Street in Forbes about 7.30am on June 6 this year and knocked loudly on the rear door.
The victim told him to leave because she had to go out, the victim leaving and locking-up the house about 8am.
Upon her return just over four hours later she found her rear security screen door forced open and the handle broken. The door jamb was damaged and ripped open.
Inside, a 55" TV was missing from the bedroom, so too was a PlayStation 5. A PlayStation 4 and a white Toshiba laptop were also taken from the loungeroom.
Police said many other items were moved and drawers opened.
The victim found a thin piece of steel about 30cm long on the floor in the back room near the rear door.
Officers were able to identify Fisher on CCTV covering the rear laneway and saw he was in the area about 10.54am, entering the backyard of the home for some time.
Police watched him leave at 11.16am aboard a blue mountain bike with a green bike trailer carrying items that were covered by a blue towel.
According to the facts, Fisher returned at 11.42am with someone with him and the bicycle trailer appeared empty. The pair entered the yard again and carried out items onto the trailer and rode up the lane towards Queen Street.
Police said they stopped to adjust the large flat screen TV which was strapped onto the trailer.
Police attended a residence in Acacia Avenue, Forbes a few hours later to speak to Fisher, where they saw he was wearing the same clothing from the CCTV footage and a blue mountain bike and green trailer in the yard.
Police arrested Fisher, who said "if I give it back to you will it be alright?", the court facts read.
He took officers into the garden shed and showed them the 55" TV which had a large crack and smashed screen, as well as the laptop on the floor. He lifted up a lounge and pulled out a black Sony PlayStation 4 and said the PlayStation 5 was inside the house.
The items in total were valued at $2499.
"I f***ed up, I'm going to jail now aren't I?" Fisher told police in the facts.
"I needed some cash so I took them... It's all me, it's my fault, I did it."
Fisher made full admissions to breaking into the home by using a bar to force his way in and kicking-in the door.
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