A 21-year-old who tried to sell 400 tonnes of non-existent firewood while on bail over a string of other deceptions was given "a last chance" by Magistrate Sharon McRae when he appeared in Bendigo Magistrates' Court earlier this month.
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The court heard Alexander Peattie, who was facing charges relating to thousands of dollars worth of railway sleepers, firewood and tools he had obtained or accepted payment for, had signed up to strict conditions when he was bailed in December 2022.
These included a ban on using social media or having a smart phone and a prohibition on "hold[ing] himself out to be a business owner" or engaging in any activity that would indicate he was part of a business.
But on January 1 this year the then 20-year-old created a Facebook profile under the name Alexander Woodson which he used to list items for sale and post on a page dedicated to firewood sales, the prosecution said.
In a phone conversation recorded by a supposed customer, Peattie claimed he could supply 400 tonnes of logs and asked for a deposit of half the sale price, issuing an invoice for $13,860.
The logs were stored at an address in the Castlemaine-Harcourt area, he told his customer, but a police Google Earth search showed there was no wood at the location, and neighbours who Peattie mentioned had never heard of him.
Peattie had purported to be acting as the company Bendigo Ultimate Earthmoving, and claimed to have 40 employees, according to the prosecution.
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When police executed a search warrant at his Bendigo residence on May 28 they found a smart phone showing "multiple message strings from people pursuing him for unpaid equipment hire, unfulfilled works or unpaid amounts of money".
There were also "messages to various businesses, marketplace sellers etc enquiring to purchase vehicles, earth moving equipment and other items of high ... value that he has no ability to fund".
Asked about the 400 tonnes of wood, Peattie told police he would figure out the process of supplying it once he received the money.
He also initially denied having stolen a $250 movement-sensitive "trail camera" that was trained on his front door despite its recorded footage clearly showing him removing it from where it had been set up by Parks Victoria to monitor bushland.
Supplier feared for his life because of Peattie's threats
The court heard impact statements from two of Peattie's victims from his earlier, May to October 2022 crime spree.
On September 20, one of them had supplied 25 tonnes of firewood, worth just under $9000 on Peattie's assurance he would pay for it the following day.
After Peattie failed to do so, claiming repeatedly that he had already made payment, the supplier told him he would report the matter to police.
Peattie then told him that a third party whose property the wood had been delivered to was a dangerous member of a bikie gang.
According to his impact statement, the supplier experienced a loss of trust, depression and anxiety as a result of the incident and he and his family feared for their lives because of Peattie's threats. They had also been forced to sell assets.
Another victim was defrauded $28,875 in two payments for 100 tonnes of redgum logs that Peattie promised to deliver.
The crime put an enormous amount of stress on him and his family, the would-be buyer said in his impact statement.
He had since separated from his partner and was struggling to make payments on equipment.
Other 2022 charges
Other charges Peattie is facing from 2022 include offences relating to a February 28 payment of $2420 he sought and received for railway sleepers that were never delivered; the May 2 theft of a $922 Crommelins air compressor he hired and failed to return; and the August 31 theft of rakes, shovels and hand tools worth $917 he obtained by pretending to be employed by a business that had an account at the store in question.
Prosecution argues his release poses unacceptable risk
The prosecution said Peattie had been convicted for "numerous similar offences" in 2020, 2021 and 2022, including while on bail, and that there was an unacceptable risk of his reoffending if he was released from custody.
However, Nickie King from Teak Legal argued her client would be very vulnerable in jail and said the three days he had spent in custody following the cancellation of his bail had been a terrifying "wake-up call" for him.
A very difficult background
Peattie had "a very difficult background" and had mostly been raised by his grandmother, with his mother "not in a position to look after him" and his father "not in the picture", Ms King said.
He had "multiple disabilities" and had attended Kalianna special school, where .his recently diagnosed personality disorder was already evident.
With new support arrangements in place, Peattie should be given time to show he was genuine about changing, Ms King said.
Magistrate McRae said Peattie had "a complete and utter disregard for the law" and had in the past refused to co-operate with services.
Although her "gut" told her she should leave him in jail, she bailed him, on strict conditions and adjourned his case while a pre-sentence report and updated Justice Plan were completed for him.
"This is your last chance," she told Peattie. "You won't get another one."
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