A FORMER Mount Gambier man has avoided prison despite being found guilty of stealing over $20,000 from a local car and dog wash business.
Roman Lazicki, 54, appeared in the Mount Gambier District Court via video-link yesterday where he was found guilty for 70 counts of theft, receiving a suspended sentence for the offending.
The court heard the thefts occurred in 2017 while the defendant was employed at the 24/7 Car and Dog Wash in Mount Gambier.
In Wednesday’s hearing, submissions of compensation were discussed among parties.
Judge Tilmouth said the defendant’s theft charges totaled $20,781 with additional compensation totaling $3822 also being requested by business owners.
Prosecution said there was a bankruptcy notice filed on October 21, which was a week before the defendant’s trial began.
She said the defendant also had interest with belongings stored with a Limestone Coast shedding company.
The court heard the storage business owner had been approached, but had been told by the defendant not to provide comment.
“What is stored is unable to be determined by department of prosecution,” she said.
Judge Tilmouth ordered the defendant to pay compensation totaling almost $25,000.
The court heard Lazicki had additional uncharged counts of theft which allegedly totaled over $40,000.
“I decline to make any further order for compensation for reasons outlined in the act,” Judge Tilmouth said.
He said the maximum penalty the defendant could face was 10 years imprisonment for each count.
The prosecutor said Lazicki was being sentenced for a serious offence.
“Due to his breach of trust and lack of loyalty it makes it more serious,” she said.
“Although he is a first offender, he is a persistent offender.
“There is no doubt a custodial penalty should be warranted.”
Judge Tilmouth said Lazicki had no children, lived on his own who had been in a relationship with a women for two years.
“Your parents are from Austria and migrated to Australia in the early 1960’s, three years before your birth,” he said.
“You spent most of your time in Mount Gambier until 2019, where you moved to Murray Bridge for employment.”
He said Lazicki’s elderly mother resided in Mount Gambier but he now lived in Tailem Bend on a “modest income”.
“You are still yet to accept your responsibility and have not found remorse for your actions,” Judge Tilmouth said.
“Your offending was a sustained act of distrust.
“You caused a great deal of anxiety to the business owners who made an attempt to locate the financial problem …. you took advantage of their loyalty.”
He said he had thought about sending Lazicki to jail several times earlier before the hearing.
The defendant was sentenced to three years imprisonment which would be suspended on him entering a $5000, two-year good behaviour bond.
Judge Tilmouth said he took into consideration the 24 days Lazicki spent in custody, reducing the suspended sentence to two years, 11 months and six days imprisonment with a non-parole period of 22 months.
“You should consider yourself a very lucky man,” he said.
