A 40-year-old man convicted of stealing railway plates, was sentenced to a 12-month Conditional Release Order and told to return the property when he appeared in Mudgee Local Court last Wednesday.
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Christopher James Buckley of Cope Road, Stubbo, was charged with 'Larceny' and 'Enter inclosed land not prescribed premises without lawful excuse'.
At the time of the incident the Australian Rail Track Corporation (ARTC) were conducting maintenance on the line between Gulgong and Stubbo.
The work included the removal and replacement of sleepers and plates, the old items were left in piles along the corridor.
During the early hours of Wednesday, February 27, 2019, Buckley entered the corridor at the Gulgong end and drove through to Winstons Lane, Stubbo.
In doing so he passed the displayed 'No Entry' signs.
Once inside he began loading 200-300 railway plates into his trailer.
Rail employees arriving at work spotted the incident taking place, photographed it and contacted police.
When they questioned him Buckley said that he was planning on using the plates to make barbecue and fire pits.
His solicitor, Tom Flynn, told the court that his client "believed that they wouldn't be missed" and that they were likely destined for scrap anyway, but "he accepts that's no excuse".
Magistrate David Day agreed that the offence was opportunistic, but said that it was necessary to record a criminal conviction.
"If he had a better record he might've got a different result, but it's a pretty brazen theft, it's clearly a railway corridor," he said.
His Honour also ordered that the stolen plates be returned to ARTC.
A second man charged with 'Larceny' and 'Enter inclosed land not prescribed premises without lawful excuse' for his part in the incident, entered pleas of 'not guilty' when he represented himself in court that same day.
His matters were adjourned to Wednesday, July 17, 2019.
It's not the first time defendants have come before the local court in recent years charged with the theft of items from railway corridors, in 2016 two men were sentenced for stealing sleepers.
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