An unemployed man and his accomplice who "had no money coming in at all" have been sentenced after police found three catalytic converters in their Subaru following a night of driving around when one of the offenders jumped out to "do something" with cars.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Tony Dawes, 49, and David Robert Miller, 34, fronted the ACT Magistrates Court on Tuesday for a number of charges relating to catalytic converter thefts.
Statements of facts read that about 5.26am on May 23 in 2021, police received reports about "a grinding sound" and a suspicious Subaru on Phyllis Ashton Circuit, Gungahlin.
Police arrived at the scene three minutes later and saw the vehicle, parked behind a Toyota Prius, had different number plates on the front and back.
They saw Dawes, of Bowral in NSW, in the driver's seat and Miller in the front passenger's seat.
The former tried to exit the car but was arrested while Miller, of Spence, tried to flee on foot but was also arrested after a short foot pursuit.
A police search of the Subaru found three catalytic converters, one vehicle exhaust and tools - including a cordless grinder and a cordless drill.
Police saw that the Prius' front had been jacked up and a large amount of fluid draining from under it.
"On closer inspection, police observed a hose had been cut and a number of bolts and spring were on the ground beneath the vehicle," the facts state.
While Dawes remained in the Subaru, Miller had been trying to steal the Prius' catalytic converter, but he failed.
During a police interview, Dawes said he was asked by Miller to drive him to get something in exchange for cash.
Dawes said he drove his co-offender to two or three cars that night but he did not know where or which cars they stole from.
He said he drove around until Miller told him to pull over before the latter jumped out, "do something with the car", return then they would drive off.
Miller, who is listed in a court document as unemployed, contested the charges of joint commission theft, damage property and unlawful possession of stolen property; however, he was found guilty of them after a hearing.
He had pleaded guilty to going equipped for theft, attempted theft of catalytic converter and another count of damage property.
For those latter offences, he was recently sentenced in the Galambany Court to between one and six months' jail terms, including one being suspended for six months.
MORE COURT AND CRIME NEWS
On Tuesday, defence lawyer Benjamin Rutzou said Miller had already served that suspended term for nearly four months and having already served time in pre-sentence custody, the appropriate sentence for the offences for which he was found guilty would be a suspended jail term.
Dawes had contested the charges of joint commission theft and joint commission damage property; however, he was found guilty of them after a hearing.
He pleaded guilty to attempted theft and to another count of joint commission damage property.
His lawyer Sarah Boxall tendered an in-depth bundle of evidence to the court to show "the difficulties his family has been facing, particularly in the past 12 months", which included him suffering workplace injuries.
"At the time of the offending, he was off work, he had no money coming in at all," Ms Boxall said.
"He had payments piling up."
Ms Boxall said her client had a lengthy criminal history, but there were gaps in 2009-13 and 2013-20.
"His past including having gaps in offending does show he is a person capable of a prosocial lifestyle," she said.
Magistrate James Lawton sentenced Miller to suspended jail terms of six months for the joint commission theft and property damage.
Miller was sentenced to the rising of the court for the unlawful possession of stolen property.
Dawes was sentenced to suspended jail terms of between four and six months for all of his offences.
We've made it a whole lot easier for you to have your say. Our new comment platform requires only one log-in to access articles and to join the discussion on The Canberra Times website. Find out how to register so you can enjoy civil, friendly and engaging discussions. See our moderation policy here.
Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content:
- Bookmark canberratimes.com.au
- Download our app
- Make sure you are signed up for our breaking and regular headlines newsletters
- Follow us on Twitter
- Follow us on Instagram