TWO Hamilton businesses were among multiple agricultural entities that fell victim to a spate of thefts and burglaries committed by Portland man Simon Carr over several months early last year – he has been sentenced to 15 months’ jail with 102 days already served.
Carr, 39, of King Street, Portland, pleaded guilty in the Warrnambool Magistrates’ Court on Friday to 19 charges including indictable offences, failure to comply with bail and stealing agricultural goods to the value of $106,000.
Police Prosecutor leading senior constable, Kevin Mullins, said the accused was a qualified plumber and was well versed in the use of tools - particularly cutting holes in cyclone fencing.
The court heard that between February 1-14, 2022, the accused attended a commercial business on Madeira Packet Rd, Portland, and cut a hole in a fence to gain entry before cutting straps that were holding aluminium ingots together, and removing two.
The court heard that at approximately 3-5am on February 7, 2022, the offender entered a hire business in George Street, Portland, and removed a solar panel to gain access as well as cutting a hole in a Colorbond fence - the incident related to the handling of stolen goods worth $1500. A Stihl concrete and laser chainsaw were stolen - the labels of the chainsaws were later revealed to have been removed, as were serial numbers that had been scratched off.
Ldg Sen Const Mullins told the court that on April 11, 2022, at approximately 2.55am, the accused accessed a business warehouse in Koroit by cutting a hole through the cyclone fencing, then a tin shed, where large containers of Cydectin were stored inside. In doing so he cut himself and left blood at the scene. The accused used a trolly to transport the drench to a vehicle that was waiting nearby. The items were to the value of around $15,000.
The court was told that on April 26, 2022, at about 2.45am, the accused trespassed at a business in Cellana Ct, Portland, where he cut a hole in cyclone fencing and then cut through tin to gain access inside. He stole Milwaukee and Markita power tools including chainsaws worth $11,900. He also smashed a window of a Toyota Hilux at the premises and stole a first aid kit valued at $100.
The court heard that on May 2, 2022, the accused gained access to Gorst Rural in Derrinallum by cutting a hole in cyclone fencing, before accessing a storage shed that had accidentally been left unlocked, that was used to store various drums of drenching liquid for cattle and sheep to the value of $12,000.
Ldg Sen Const Mullins informed the court that between the dates of May 27 and 30, 2022, the accused gained access to Hamilton agricultural business, Hamilton Produce.
The court heard that the accused cut a hole in the cyclone fencing and forced open a shed by cutting a small hole and used bolt cutters to steal 48 injections for cattle valued at approximately $17,000, 15 Cydectin injections for cattle valued at $4000 and 40 long-acting injections valued at $5000.
The court heard that between June 19-20, 2022 the accused gained access to the agricultural company, Elders Hamilton, on Portland Road, Hamilton, by cutting a hole in the building, before stealing multiple drums of liquid drench and injections to the total value of $38,851.
Police investigations revealed an eBay account had been set up using the accused’s email address which evidenced the trading of the stolen items and a search warrant was issued to search the accused’s residence.
Ldg Sen Const Mullins told the court that on a date in July 2022, the accused’s father and uncle attended the Portland Police Station and handed over five boxes of drench, an iPad, and an aluminium ingot, all believed to have been stolen and stored by the accused. The ingot was valued at $500.
Police later attended the address where Carr was observed to be hiding on the roof of the garage. He refused to come down but eventually went back inside the house shortly afterward. The police accessed the home by the backdoor and arrested Carr without incident before he made a no comment interview.
Several stolen items were located inside the house to the approximate value of $60,000, however no drench was located, and Carr would not reveal the location of those goods.
On August 9, 2022, the owner of the King Street residence where the accused had resided was attending to works on the premises before its sale and noticed some sagging of the floor. Upon inspection he observed that some work had been done without his knowledge and he discovered a false wall where there was a cavity created behind the cupboards where a substantial amount of cattle and sheep products were discovered. He called the police and the items were seized.
The court heard that upon interview, the accused denied knowledge of the items, showed zero remorse nor any consideration for the victims.
Defence lawyer, Xavier Farrelly, said no weapons had been used nor was anyone else present during the incidents.
Mr Farrelly said with respect to the sale of items on eBay, it showed a “pretty poor attempt” by using his own email.
He also cited a past history of alcoholism from which he had recovered but that the use of methamphetamine had been problematic for Carr at times, and that in 2022 he underwent rehabilitation for 90 days.
Magistrate Gerard Lethbridge said it was concerning that the offences were similar to that of his prior offending, for which he had been placed on a Community Corrections Order, but failed to comply.
“The main issue in consideration (is that of) deterrence and protection of the community,” he said.
“This is ongoing offending with some degree of planning and sophistication as well as persistence.
“The criminality of this (offending) is high - he’s made no admission (and shown little) cooperation.
“The impact this has on people, their businesses, their insurance, and the feeling of unease it causes in small communities, not to mention the aggravating aspect (is significant).”
Magistrate Lethbridge convicted and sentenced Carr to an immediate term of imprisonment for a period of 15 months with a non-parole period of nine months.
