Man’s bizarre hand wash grab
Jail for alcohol-fuelled crime spree
AN alcoholic was so desperate for a drink that he stole hand sanitiser on three occasions from the Townsville University Hospital to fuel his drinking habit, a court has heard.
Byron John Smart, 48, had been “wandering around the grounds” of the hospital on August 24 when he spied his window of opportunity – an open door to the Secure Mental Health Rehabilitation Unit.
Despite being warned not to enter, he did so, before reaching over the counter to take a one litre bottle of sanitiser.
He went on to drink it before being arrested for public drunkenness nearby on University Rd.
This was his third alcohol related theft that month after previously stealing sanitiser from the hospital’s cancer centre on August 5.
He reached over the bar of the Courtyard, in City Lane, to steal a bottle of Sailor Jerry Rum, with a nip pourer still attached, on August 15.
Police had also charged him for public nuisance on July 27 and possessing tainted property when they located the hospital’s sanitiser at his house.
Smart appeared from in custody, via videolink, in the Townsville Magistrates Court on Wednesday, pleading guilty to entering premises and committing indictable offence, trespass, commit public nuisance, being drunk in a public place, possess tainted property, stealing, and stealing after a previous conviction.
Police prosecutor Mark Fenlon said “the stealing of alcohol and particularly hand sanitiser, seems to have become a thing”.
He said Smart’s latest offending was aggravated by his 10-page criminal history which featured previous sentences of imprisonment for entering premises and stealing, including another sanitiser theft from the hospital.
“We’re not talking about high value goods but the inconvenience this causes, and also the fact that he keeps taking things from the hospital, it’s not an insignificant thing,” Mr Fenlon said.
To give the community respite from further offending, he urged the magistrate to impose a 9 to 12 months imprisonment.
Legal aid defence solicitor Millie Phillott said her client’s childhood in Victoria was characterised by family violence and alcoholism, and had no contact with his adult son.
She said Smart worked as a landscaper on the Gold Coast until 2014 when he suffered a severe head injury in a workplace injury and could no longer work.
Feeling like he “lost everything”, Smart spiralled into alcoholism, depression, isolation, and homelessness.
He was writing a book be
hind bars about his experiences and hoped to reconnect with his family and find accommodation after his release.
Calling for a six month jail sentence, Ms Phillott said the offending was low level where he was “acting in desperation” and was “someone who need
ed help”.
Noting Smart’s disadvantaged background and spiral into depression, Magistrate Richard Lehmann said alcoholism explained the offending.
Given Smart’s criminal history was a “severely aggravating factor” featuring reof
fending after periods of incarceration, the magistrate said imprisonment was his only option.
Allowing for 62 days served in pre-sentence custody, he sentenced Smart to nine months behind bars, with a parole release date for November 24.