A young man clambered over the fence of a secure police yard in an attempt to steal a car just weeks after being released from prison.
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Shamus Tuohy, aged 22, appeared at the Ballarat Magistrates' Court from custody on Wednesday to plead guilty to a number of offences including theft, theft of a motor vehicle, entering a private place without authority and two counts of resisting an emergency worker.
The police prosecutor told the court that on January 26 this year a Volkswagen was stolen from a Ballarat address.
The following day the car was found parked outside a Maryborough address, before being towed back to Mayborough Police Station.
Several hours later Tuohy and a co-accused jumped on to wheelie bins and climbed over the fence of the police station's secure car park.
After jumping the fence, the accused used a key to unlock the stolen Volkswagen that was sitting on a tow truck in the parking lot.
Police observed the pair and attempted to arrest them.
The court heard police caught up to Tuohy a short distance away but he resisted arrest, leading to OC spray being used.
Once arrested, police found the car key in his possession, while he was also wearing a glove on one hand.
The other glove was found in the car.
The court was told Tuohy had a prior history for offending and was in the community on parole at the time.
He had only recently been released from custody.
Tuohy's defence lawyer, James Gilfillan, said his client had been in custody for 55 days since his arrest and it was his first time in adult custody.
He said his client was "in a tough spot at the time" but conceded the offending was "stupid and reckless" and he "wasn't thinking of the consequences at the time".
He is aware his release in the community has not gone well but he takes responsibility for his actions
- Defence lawyer
"He is aware his release in the community has not gone well but he takes responsibility for his actions," he said.
Mr Gilfillan told the court his client was "a youthful offender so rehabilitation should be front of mind in sentencing".
He submitted that due to the supervision that came with being on parole that the time he had spent on remand was sufficient.
But police sought a longer term of imprisonment given the offending occurred mere weeks after his release from custody on parole.
Magistrate Hugh Radford said the offending was "brazen" and described it as "bizarre", though still "serious".
"I take into account your age and that you are relatively young," he said.
"While you have been in custody on other matters for serious offending, I do take into account that this offending was committed shortly after your release from prison."
He said it was "very odd behaviour to say the least".
"It is rather strange and peculiar. Breaking into a police compound to steal a car beggars belief."
He sentenced Tuohy to three months in prison, a sentence for which he has already served 55 days.
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