A Batemans Bay magistrate says a convicted criminal could be harmed in jail due to a video he filmed during a previous prison term holding a knife and alleged drugs in his cell.
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Carl Phillip Walton, 32, faced Batemans Bay Local Court on September 26 via audio-visual link from Goulburn Correctional Centre on six charges related to a drunken crime spree in the car park of a North Batemans Bay restaurant in July.
Magistrate Doug Dick found special circumstances in his sentencing and said Walton could be at risk in prison as a result of his video, which went viral online and on national media.
“You may be in personal danger from someone in (prison) as a result of what you’ve done,” Mr Dick said.
Mr Dick said the video had “embarrassed corrective services”.
The video, which was posted on YouTube in July, showed Walton filming with a mobile phone in his cell at a Sydney correctional facility. He showed weapons and a bag, which he said contained ice, and said he wanted to expose the availability of drugs in prison and the failure of rehabilitation.
However, only a month after his release, Walton was in custody once again.
Batemans Bay police said Walton was on parole when he smashed the windows of three cars and fled with a stolen wallet and $70 cash on July 22.
Mr Dick handed Walton a 12-month head sentence, with three months non parole, to expire on November 28 this year.
Walton read an emotional letter before his sentencing and told the court alcohol had fuelled his actions on the night of the offences.
“I did not think I would offend again,” Walton said.
“I treat life a lot more preciously after everything I’ve been through.
“It is a waste of a life. I don’t want to do crime. I thought I was grown up till I got drunk and did something stupid.
“I’d do anything to be outside. I honestly can’t believe what I’ve done.”
Mr Dick told Walton he was impressed with his address to the court.
“Your letter is heartfelt and genuine,” he said.
“It impresses me that you read it very well and expressed it well.”
However, Mr Dick reminded Walton of his extensive criminal history, asking him to guess how many matters appeared on his record.
Walton estimated about 30 matters, but Mr Dick said it was 54.
While there were no witnesses, a blood stain on one vehicle matched Walton’s DNA, which led to his arrest in August.
Walton was ordered to pay $6388 in compensation to the victims and was fined $400.
