RSE worker ‘messed up opportunity’ with crime

viticulture workers from overseas to fill labour shortages.

Samuel had drunk two bottles of wine with his co-workers, starting at 10am that morning, and did not remember the offending, Smith said.

‘‘He was surprised to hear what had happened,’’ Smith said. ‘‘Alcohol played a major part.’’

Samuel was remorseful and embarrassed about his behaviour, and had abstained from alcohol since the offending, Smith said. ‘‘He knows as a result of his behaviour, he will face shame from his family and the wider community.’’

He wanted to apologise to the property owners through a restorative justice meeting, but the owners did not engage with the process.

He could pay a fine, potentially with help from his coworkers and family if need be, Smith said.

Samuel’s visa was due to expire on September 30 and he had flights booked so he would be leaving the country prior to that date. It was ‘‘highly unlikely’’ he would be allowed to return, because of the strict requirements of the RSE scheme, Smith said.

‘‘He’s essentially lost a very valuable opportunity to work here, in the future, and to help support his family back in Vanuatu ... job prospects are very hard to come by back in his home country, and it’s a shame he’s messed this opportunity up,’’ Smith said.

The offending was at the lower end of the spectrum for burglary convictions. Nobody was home, there was no forced entry, and the items taken were recovered and returned.

Judge Stephen O’driscoll said he noted that Samuel had no previous convictions, and would face consequences outside the courthouse for his offending.

‘‘I’m sure that you and your friends are bitterly disappointed you’ve ended up in court here today,’’ Judge O’driscoll said.

He ordered Samuel to make an emotional harm payment of $300 to the property owners, and another $300 for the cost of replacing the window, before he left the country.