MOUNT Gambier Magistrates Court has heard how the city’s first resident to complete a six-month treatment intervention program spiralled out of control shortly after, leading to a further range of drug-fuelled crimes.
Joshua Mathusalem, 29, appeared via video-link to be sentenced for a range of charges including serious criminal trespass, two counts of theft, driving disqualified and the illegal use of a motor vehicle.
It was alleged last year on August 11, Mathusalem broke into his sister’s Mount Gambier home and stole her partner’s car, as well as a range of various other items.
The defendant was arrested on October 30 last year and has remained in custody.
In Wednesday’s hearing, the court heard Mathusalem had suffered an acquired brain injury from a serious vehicle accident in 2017, which had since heavily impacted his life.
Mathusalem crashed a stolen motorbike at the Main Corner intersection while travelling at around 100kph and disobeying a red light signal.
He was not wearing a helmet at the time of the crash.
It was that offending which led to the defendant being placed on a six-month treatment intervention program, which he successfully completed.
Defence counsel said after treatment completion, his client’s life began to spiral, surrounding himself with drugs and alcohol.
“He relapsed, began drinking and injecting methamphetamine, which he had never done before,” defence counsel said.
“At this stage, he was wearing shoes which were torn to shreds and walking around 50km per night across town basically bare foot.”
Defence counsel said although it was an unusual submission, he asked Magistrate Panagiotidis to consider a lengthy term of imprisonment with a short parole period.
“It is an unusual situation and submission, but my client has a serious brain injury and is in need of community support,” he said.
Magistrate Panagiotidis questioned whether the defendant would have any support if released on parole and asked defence counsel whether he would be compliant.
Defence counsel said he had family support – including a daughter which he had not seen since she was two – and also had a place to reside.
“He has shown the ability to show compliance when medicated and drug-free. He is a completely different person when not taking drugs,” he said.
“He can be compliant when supervised and has the ability to do well.”
Magistrate Panagiotidis took into account the six months and nine days the defendant had spent in custody.
The defendant was sentenced to a total of two years and eight months imprisonment which was backdated to his initial time of arrest on October 30, last year.
A fixed non-parole period of 10 months was set.
Magistrate Panagiotidis waived court fees as Mathusalem was in custody, but issued the defendant to pay fines totalling $1420 and prosecution and levy fees totalling $1510.
A $436.50 compensation payment was also ordered to be paid to the defendant’s sister.
Mathusalem was disqualified from driving for 12 months upon release from custody, running concurrent with any existing disqualifications.
