Water cylinder burglary damage story mystifies judge

The unproven story behind the burglary of a hot water cylinder from a house stretches credibility, a judge in the Timaru District Court says.

Judge Dominic Dravitzki was sentencing Megan Frances Judkins on a burglary charge that involved entering the property, but not the house, and stripping metal off the cylinder lying in the backyard “to sell for more alcohol” when queries were raised about how the offending unfolded.

Judkins, 44, and a co-offender had entered the Timaru property through a fence between the defendants’ and the victim’s property on January 15, 2024, a summary of facts said.

“They located a hot water cylinder on the property and proceeded to strip the metal off it until they were confronted by the victim,” the summary said.

In explanation, Judkins said they intended to sell the metal for more alcohol.

“I’m a bit mystified,” the judge said, querying the reparation claim of $4000 in damages. “Was it [the cylinder] taken out of the house?”

Judkins’ lawyer, Jay Lovely, said the cylinder was spotted against the fence. “She didn’t enter the house, she entered the property.”

“So the owner came home and water was gushing out of the property?” the judge asked, with the victim replying “that’s correct” from the public gallery.

“How did it get from where it would ordinarily be to where it was sitting outside?” the judge asked.

Police prosecutor Dave Ellis said that was something he did not have the answer to. “Persons unknown have removed the cylinder from the house.”

“Unknowns have come along and ripped the hot water cylinder out and left it in the yard for Ms Judkins to come along?” the judge asked.

“It stretches credibility.”

“How it got out of the house I don’t know,” Lovely said. “She saw it and the copper piping and jumped the fence.”

The judge said he asked because the owner’s victim impact statement “talks about hearing gushing water as he approached the front door of his unit”.

“He was then greeted by the sight of water erupting from the pipe of the missing hot water cylinder and spreading over the floor.

“So obviously at some point the cylinder was removed from where it was. You say you had absolutely nothing to do with that ... that you had simply happened upon it in the backyard.

“That’s the summary you are entitled to be sentenced on.

“At same time, I’m entitled to take into account the water cylinder has been damaged. It has caused a significant amount of cost to the victim and there are unresolved associated circumstances that caused further grief.”

Judkins’ co-accused was ordered to come up for sentence if called upon, meaning any future similar offending could cause the water cylinder offence to be brought back for sentencing on as well. “I’m not prepared to deal with you on that basis.

“You do have a significant history for dishonesty offending, although I accept that most of that is relatively aged ... you have a significant history for this type of offending.

“Quite clearly you have a major difficulty managing alcohol.

“It seems to me that until you are able to meaningfully address your difficulties with alcohol there will be sentences similar to this and you will end up back in prison.”

Judkins was convicted and ordered to pay $1697 reparation. She was sentenced to supervision for 12 months, and was banned for consuming alcohol or drugs unless prescribed, and was also sentenced to 150 hours of community work.

“I don’t underestimate that will be a real challenge to you, but it seems to me that it is really important in keeping you away from this place,” the judge said.