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A man "abused a person's trust" when he broke into a rural shed and stole tools and a motorbike, a court has heard.
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Ryan Leslie Dowling, 31, of Goulburn, pleaded guilty to hindering discovery of evidence for a serious indictable offence and break/enter dwelling commit serious indictable offence.
He appeared in Goulburn Local Court on Wednesday, August 23, more than a month after his co-accused, Melissa Fay Beetham, was sentenced.
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Magistrate Geraldine Beattie said Dowling had broken into a rural shed on a Goulburn Road property, near Crookwell, between January 6 and 17 and stolen a drill, welder, angle grinder, bolt cutter and Yamaha bike. The owner, whom Dowling had known since a teenager, was away at the time.
When police came to his home to investigate, Magistrate Beattie said Dowling had secreted a pair of sunglasses that had also been stolen from the property.
Dowling initially pleaded not guilty to hindering the discovery of evidence and aggravated break and enter dwelling in company with intent to steal. Magistrate Beattie said he changed his plea to guilty in June, one day before a hearing was scheduled.
But during sentencing in court on August 16, she questioned the latter charge, saying it was "actual stealing," not "intent." The matter had to be adjourned and police subsequently withdrew the charge. It was then replaced with the current charge.
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Solicitor Rod Boyd had told the court on August 16 that his client had spent one month in custody before he was released into residential drug rehabilitation with WHOS. There he had "actively engaged" with the program.
"The manager of WHOS tells me his progress is good," Mr Boyd said.
"He has a history of drug addiction which spiralled to the point where his offending increased. He has gone a long way to addressing that problem."
Mr Boyd argued Dowling had turned his life around and an intensive corrections order would better address his ongoing rehabilitation.
On Wednesday, August 23, Magistrate Beattie acknowledged that Dowling had spent time addressing his drug issues.
"It is a serious offence and an abuse of trust by you...Both charges require conviction," she said.
Magistrate Beattie said a reference from Dowling's father stated that his son had completely changed his life. Given his rehabilitation, she believed it was appropriate for the defendant to serve his sentence in the community.
On the charge of hindering discovery of evidence, Magistrate Beattie imposed a 12-month community corrections order. For the break/enter/steal she imposed a 12-month intensive corrections order conditional on continued engagement with WHOS.
"If you breach it you will go straight to the parole board and to jail," Magistrate Beattie said.
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