A Cairns man who stole copper wire from a rail yard and claimed his jail sentence was excessive has had his appeal dismissed by a judge, who called the crime serious and the sentence appropriate.
The Incident
In June 2023, the man, identified as 34-year-old John Smith, entered a rail yard in Cairns and stole approximately 200 kilograms of copper wire worth an estimated $10,000. He was arrested shortly after and charged with stealing. The theft caused significant disruption to rail operations, with repairs costing thousands of dollars.
The Sentence
Smith pleaded guilty in the Cairns Magistrates Court in August 2023 and was sentenced to 12 months in jail. He was also ordered to pay restitution of $10,000 to the rail company. Dissatisfied with the sentence, Smith appealed to the District Court, arguing that the penalty was too harsh given his lack of prior convictions and his personal circumstances.
The Appeal
However, Judge Margaret Wilson dismissed the appeal on Monday, stating that the crime was serious and had a significant impact on the community. "The theft of copper wire is not a victimless crime. It causes substantial financial loss and disruption to essential services," she said. "The sentence imposed by the magistrates court was within the range of appropriate sentences for such an offence."
Judge Wilson also noted that Smith had a history of drug use and had been given multiple opportunities to rehabilitate, but had failed to take them. "The court must send a strong message that such behaviour will not be tolerated," she added.
Reaction
The rail company welcomed the decision, saying it hoped it would deter others from similar thefts. "Copper theft is a serious problem that costs the industry millions of dollars each year," a spokesperson said. "We are pleased that the court has recognised the seriousness of this offence."
Smith's lawyer declined to comment after the hearing. Smith remains in custody and will be eligible for parole after serving six months.
