An aggravated burglary at a Mowbray business would have been a terrifying experience for a security guard, a Supreme Court Judge said.
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Kyam Keith Broadby, 25 of Ravenswood, was sentenced to nine-months jail on Wednesday after pleading guilty to aggravated burglary and two counts of stealing.
He stole a Toyota Hilux and power tools worth $15,000 from Broken Car and Truck Collections on Remount Road on September 24, 2019.
Justice Robert Pearce said that Broadby and another person broke into the recycling business in the early hours of the morning.
An employee was asleep at the premises and confronted the burglars.
Broadby told him to go back to sleep and stole his mobile phone and threatened to kill him.
"You did not expect anyone to be asleep at the business premises," Justice Pearce said.
"His phone was taken and he was confined for two hours.
There is no victim impact statement, but it would have been terrifying for him.
- Justice Pearce.
Justice Pearce said Broadby had a record for dishonesty, violence and breaching bail and had the benefit of a number of suspended sentences including one in 2017.
He said that Broadby was on bail in relation to a crime in Queensland at the time of this offending.
He had been charged with a count of causing grievous bodily harm to a 35-year-old man at the Mareeba rodeo grounds on July 10, 2019.
The man died of injuries on July 16, 2019, and Broadby was charged along with 26-year-old Riley Davis, of Beenleigh, Queensland.
He was also on bail in relation to motor vehicle stealing and evading police in New Norfolk on July 8, 2018.
"You were on bail orders in two states at the time of this offence and that is an aggravating factor," Justice Pearce said.
Broadby was sentenced in March 2020 to six-months jail, including an activated three-month suspended sentence, for escaping from a police vehicle and resisting arrest.
He is facing a hearing in the Launceston Magistrates Court on six counts of breach of bail this November.
In the Hobart Magistrates Court in August he will be sentenced for common assault, motor vehicle stealing and evading police in New Norfolk.
Justice Pearce said Broadby had been assessed as unsuitable for a Home Detention Order.
"I have reached the conclusion that this is too serious for such an order and a sentence of actual imprisonment is the only appropriate sentence," he said.
Broadby would not be eligible for parole until he had served six months of the latest sentence.
Last year Queensland Police issued a statement, which said "Once the man's [Tasmanian] matters have been dealt with and sentence served Queensland Police Service will endeavour to extradite in relation to those offences in this state".
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