Shamus Touhy sentenced after Malmsbury Youth Justice Centre escape

Hourly checks at Malmsbury Youth Justice Centre were not enough to detect the absence of Shamus Touhy, 22, and Matthew Piscopo, 19, from about 9.30pm on Saturday August 6 until about 10.30am on Sunday.

The pair had been placed in their respective rooms for 36 hours in the lead-up to the escape, after they had been identified as close contacts for COVID-19.

The vents on their doors remained open and they were able to communicate their escape plan, including discussing what shoes to wear for running.

Touhy and Piscopo covered the windows of their rooms with a black sheet and used pillows to disguise themselves as sleeping.

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The Ballarat Magistrates' Court heard on Tuesday the men attempted to break off components of their bathroom sinks to use to cut a hole in plaster roof of the bathrooms.

Piscopo was successful in cutting a hole, and about 9.25pm climbed through the roof cavity and walked through to the space above Touhy's room, kicking in the roof until there was a hole big enough for Touhy to climb through.

The pair then climbed into a maintenance room, forced open the doors by breaking a hinge, and ran across Mollison Street outside the centre about 11.30pm.

Touhy and Piscopo called an unknown party at a phone box and were picked up.

They were both arrested the following day, Piscopo at an address in Redan, and Touhy at a motel in Corio.

The court heard the estimated damage to the prison was $10,000.

Defence lawyer for Tohuy, James Gilfillan, told the court a "short, sharp term of imprisonment" was suitable of the "rather limited" sentencing options, and would give Touhy a chance to apply for parole.

"Neither him nor the co-accused believed when they were engaging in that behaviour, believed they were going to be successful ... he ultimately does take responsibility for his actions that day," Mr Gilfillan said.

"He and his co-accused were frustrated being put in COVID [isolation] ... one thing lead to another and he was able to escape the facility.

"At 22 he is still a youth offender and his rehabilitation should be given a strong focus."

Touhy also faced charges on Tuesday relating to dishonesty, driving, and possession of methylamphetamine for a crime spree that took place across May 22 to 27 this year.

At multiple locations across the period Touhy was observed with stolen cars, and stole car keys from two houses while the victims were home.

When he was pursued by police on May 27, he discarded a small bag of white crystalline substance, believed to be methylamphetamine, as he was running.

He was arrested on Sturt Street that afternoon and was deemed unfit for interview due to his drug affected state.

Mr Gilfillan told the court Touhy suffered PTSD from a fatal collision in May 2018 where he was convicted in the Children's Court for culpable driving causing death.

The court was told Touhy served significant jail time for the crash and struggled to integrate into the community after he was released on parole in November 2021.

"Ultimately it was a situation that Mr Touhy ... did cease contact with the supports he had in place, began using drugs again ... and ultimately acted in a reckless matter," Mr Gilfillan said.

"He's spent a considerable amount of time in his adult life and his late teens in custody and he's ... found it difficult and destabilizing to return to the community ... and did quickly fall back into association with negative peers."

Magistrate Mark Stratmann ordered Touhy's licence be cancelled for 12 months, and he was ordered to pay a $350 fine and $131.30 in court costs.

"Clearly the offending is serious, clearly Mr Touhy is not a young offender as such but he is a young man and it is concerning that such a significant criminal record is being accrued," Mr Stratmann said.

He was sentenced to six months jail, with 92 days time already served.

Piscopo will face court for the escape on September 8.

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