September 20, 2012
An 18-year-old Kingaroy youth was sentenced to 12 months’ jail in Kingaroy Magistrates Court on Wednesday after he pleaded guilty to seven charges, including two counts of burglary.
However Nicholas Wayne Swan will serve the sentence as an Intensive Correction Order in the community, which means his liberty is totally dependant on his behaviour and complying with the conditions imposed on him by the court.
Police Prosecutor Sgt Wayne Bushell said Swan entered a study at a Kingaroy home about 2:20am on April 30 by opening a sliding glass door; the resident spotted Swan and he fled.
He entered the second Kingaroy home through a closed but unlocked door to the laundry. Swan searched through cupboards but did not take anything. He also broke into two motor vehicles parked at this address.
Swan was also charged with contravening a police direction (ie not supply identifying particulars at a police station), driving under the influence of alcohol and unlicensed driving.
He had been on parole when he was arrested so he was immediately taken to prison. He had been in custody since May 2.
Sgt Bushell said this was the first time Swan had spent time in an adult jail and “he certainly doesn’t appear to have enjoyed his time in custody”.
Defence solicitor Mr Babu Singh, for Swan, said his client was now living with his father in Kingaroy after an “unsettling upbringing” with his mother in Moree. He admitted that his history was “not the best in the world” but said that if he was not given a chance at rehabilitation now “we will find him in prison for most of his life”.
Kingaroy Probation and Parole Reporting Officer Lauren Mangan said Swan was willing to comply with any orders made by the court.
Magistrate Mark Bucknall said the offences that Swan had been charged with were becoming increasingly prevalent in the community, and were of a type that would cause considerable distress to the victims.
“Their sense of security is shattered by people such as you,” he told Swan.
He said even as a juvenile Swan had reached a stage where the courts had lost patience with him and had recorded convictions, which is unusual in Children’s Court.
Swan had not learned his lesson but had chosen to embark on more criminal behaviour.
“I can only hope for the community’s sake that you finally have learned your lesson,” Mr Bucknall said. “Or in future you can expect lengthy periods of time served in a prison, and that’s where you will end up.
“You’re old enough to commit these type of offences, then you’re old enough to wear the punishment that the courts can impose.”
Mr Bucknall said the Intensive Correction Order meant Swan was now a prisoner, but he was “an unusual prisoner” in that he would be serving his sentence in the community.
Swan was also fined $500 and disqualified from driving for four months on the driving charges.
