Magistrate scathing as defence outdoes prosecution ‘Dead loss’ warning
A MAGISTRATE has told a defence lawyer to “get real” after quadrupling the jail term the police prosecutor proposed for her client.
Ross and Robins Lawyers associate Maria Christian asked Magistrate Ross Mack to sentence her client, Yvette Clark, 46, to two years’ jail for six offences including three counts of fraud.
The Townsville Magistrates Court heard that on November 28, 2018 Clark stole a bank card from the Charters Towers Medical Centre.
Clark used the bank card to buy tobacco, alcohol and a cab fare totalling $182.73, the court heard.
Police prosecutor Subarna Raut told the court Clark had a five-page criminal history and was on probation at the time of the offences.
“In 2003 she was sentenced to three years’ imprisonment and more recently, on the 11th of July, she was sentenced for stealing.
“She was on probation for stealing approximately $600$700 worth of groceries from Woolworths ... and fishing equipment totalling $33.53.”
Mr Raut suggested Mr Mack sentence Clark to a head sentence of six months’ jail.
Ms Christian said her client had eight children, was unemployed and had been diagnosed with schizophrenia, depression and bipolar disorder.
“When she is not on medication my client suffers hallucinations ... she admits she is not consistent with her medications,” she said.
“These offences were opportunistic in nature. The card was seen and seized.”
Ms Christian said her client had only committed a minor drug offence since she had been arrested in 2018 and suggested a head sentence of two years’ jail.
Mr Mack told Ms Christian to be “creative” in her proposed sentence.
“She isn’t going to jail for two years, crikey,” he said.
“You need to give me something different ... be a little creative ... let’s get real for her.
“She is a bit of a dead loss; she doesn’t contribute to anything, she just flaps around and doesn’t take her medication when she has been diagnosed.”
Mr Mack told Clark she would head to jail the next time she was caught offending.
“You see your time is up, you are just messing about on the edges.
“You don’t steal a lot but the person whose card you stole, she is happy for you to go in for two years but it’s too much,” he said.
Clark was ordered to perform 100 hours of community service.
Convictions were recorded.