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The Canberra Times
The Canberra Times
National
Toby Vue

'Not wearing a mask is serious': Close contact who stole items worth $30k sentenced

A former COVID close contact with a "very depressing" criminal history has been reminded "not wearing a mask when required is serious" after he failed to wear one when police found him following his burglary of items worth $30,000.

An ACT Supreme Court document states Joshua Malachi James Montgomery, 20, last July went to a premises in Rivett where he stole a diamond ring, beauty items, a marriage affirmation book and electronic devices in addition to the Indonesian rupiah - in various denominations.

Police were called after one of the occupants became aware, via a mobile phone CCTV notification, of Montgomery's presence.

The offender had left by the time officers arrived.

The following month, police executed a search warrant at Montgomery's place and seized three of the items before finding Montgomery elsewhere in Rivett.

He was not wearing a face mask and COVID lockdown restrictions were in place at the time.

Upon arresting him, police searched his phone, which contained a text message saying he was a close contact and needed to quarantine immediately. He had no accepted reasons for leaving his residence.

His phone also showed a number of Google searches about currency conversion, including "where can I exchange Indonesian money" and "can I convert Indonesian to AUD".

Montgomery on Thursday fronted the Supreme Court for sentencing after pleading guilty to theft, burglary and failing to comply with a public health direction.

Acting Justice Richard Refshauge cited another case that said "the public interest underlying such emergency [health] directions is obvious and requires no elaboration".

"Not wearing a mask when required is serious, especially if the offender interacts with others," he said in reading that case.

Acting Justice Refshauge said the burglary was made more serious because it was at a residential premises.

The judge said while the items taken "were very valuable", it did not appear from the evidence "there was any premeditation or planning nor that the premises were targeted".

He described Montgomery's criminal history, which includes mostly violence offences, as "very depressing". He said the offender had "a mixed record of compliance with community-based orders".

"Since re-entering custody, he has had seven disciplinary actions relating to drugs or violence," Acting Justice Refshauge said.

He sentenced Montgomery cumulatively to jail terms of 17 months and 10 months for the burglary and theft, respectively, between August 2021 and August 2023.

Both terms were suspended and he was placed on a drug and alcohol treatment order for the remainder of that period.

The offender was also placed on a 12-month good behaviour order and fined $200 for the health-related offence.

Acting Justice Refshauge also reminded the offender "there is a life out there".

"It's great at this young age, you have decided that this is not the way to live," he said.

Joshua Malachi James Montgomery, 20, was a close contact but had no mask on when police found him outside in August 2021. Picture: Karleen Minney
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