A Far South Coast man and woman who looted a bushfire-damaged store earlier this year will complete their original sentences of imprisonment after losing an appeal.
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Earlier this year Leon Elton and Kylie Eva Pobjie pleaded guilty to twice entering Batemans Bay's Betta Home Living store after it was damaged in the New Year's Eve bushfire, stealing more than $20,000 worth of stock on January 8.
The Central Tilba residents were sentenced to 18 months' prison, six months' non-parole, and later appealed the severity of their sentences.
However, at Bega District Court on Wednesday, March 11, Judge Laura Wells refused their appeal.
She said what made their offending so serious was how it could discourage people in fire-threatened areas from leaving their properties and seeking safety during future emergencies, because they might choose to stay and protect their homes from looters instead.
"As a result it increases the risk to human life," Judge Wells said.
Elton, 39, and Pobjie, 31, appeared in court over audio visual link from the prisons where they remain incarcerated, but Judge Wells had to address the looters separately as a technical error prevented the two from appearing over the technology at the same time.
The judge highlighted the devastating impact the 2019/2020 bushfires had on the South Coast, saying Elton and Pobjie's offences occurred during a time when thousands were forced to evacuate, hundreds of homes were destroyed and people were trying to preserve their lives.
"Right-thinking members of the community, when they hear about people looting... they must wonder what sort of a person could possibly commit these offences," Judge Wells said.
She told the court offences such as the bushfire looting the pair had committed required an emphasis or consideration of punishment and deterrence, as "it would certainly deter other people from looting properties during a bushfire".
"Looking at all the matters, it could not be said the sentence was too harsh or too severe," she said.
Judge Wells said as Pobjie, who teared up during the summary, contacted police to report her offending she had "taken full responsibility".
"There was no evidence the police were about the close in on her or saw her as a suspect," she said.
"As such it must be expected she acted out of shame of committing this serious offence."
But, she later added, "of course I could speculate given she and Elton were distributing such items for drugs there were no doubt other people than herself and Elton who were aware of these items coming off the market".
When it came to Elton, Judge Wells said while he suffered from a mental health condition, describing it as a "drug-induced psychosis type of condition", nothing about it suggested it impacted on his "goal-directed behaviours" of driving to the Betta Electrical store twice to loot it.
Also, she told him while Pobjie's voluntary admission to police was a strong indicator of her remorse, "the same which cannot be said for you", as at one point he had denied driving Pobjie to the store.
Elton and Pobjie will be released on parole in July.
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