Jail term looming for next three years
“SOMETIMES I tell people they are on thin ice but you are on cracking ice,” Magistrate Maxine Baldwin warned a defendant in Gympie Magistrates Court on Monday.
She cautioned Ashley David Percy Will Leis, 19, of Wyndham Street, North Toowoomba, that the latest two offences with which he was charged, could result in a prison sentence.
“You could go to jail for urinating in public and damaging a fence,” Mrs Baldwin told Leis.
“If you were a cat, you’d have used your nine lives.”
The court heard that Leis damaged a fence panel in Wyndham Street, Toowoomba, on September 26 at about 7.45pm and created a public nuisance.
Police prosecutor Senior Constable Lisa Manns said that police patrolling the area heard a very loud bang and later found Leis whose shoe print matched that on the fence panel.
Snr Const Manns said Leis was on a suspended sentence that had already been extended once prior to these latest convictions and asked that the sentence be activated.
“Your honour, you can only have so many chances,” she said to the magistrate.
Duty solicitor Leanne Gordon said her client had apologised to the owner of the fence panel and was “remorseful and concerned that he’d caused the lady alarm.”
“My client admits he’s been given numerous chances,” she said before saying that the combination of alcohol and “being at a loose end” resulted in the September 26 offences.
Ms Gordon asked that if the suspended sentence is activated, that it be with immediate parole.
The court also heard that Leis was on probation and had served some of the original prison sentence.
After much debate and discussion, Leis’ suspended sentence was activated with immediate parole, the second sentence extended by another month.
He was ordered to complete 80 hours community service and pay $209 restitution.
“You have to think about enjoying alcohol or going to jail,” Mrs Baldwin again told Leis.
“Being intoxicated will open a cell door.
“You’ll have this prison sentence hanging over your head until Christmas 2013.”