By CAM LUCADOU-WELLS
A NARRE Warren South man has been convicted of placing a home-made shrapnel bomb in a gutter near a railway station.
Samuel James Nagle, 37, had been observed sitting on Haughton Road, Oakleigh, with the explosive device under his leg about 10.30pm on 1 September, Dandenong Magistrates’ Court was told.
The bomb consisted of two butane gas containers taped to a container of screws and a petrol-soaked cloth.
Bomb Squad police officers deemed the device was capable of igniting and exploding if in contact with a flame or sufficient heat, the court was told on 8 February.
Nagle told police officers at the time that the device was “probably what the guys in that car were going to throw at me”.
As he sat there, the father-of-three said he was carrying a knife, a syringe, ice and a pop-top container of petrol.
During a search, a bottle of GHB and a zip-lock bag of ice were found on his person.
In a police interview, he initially claimed the bomb was not his, and had been placed by someone else.
Nagle’s lawyer told the court that the accused was under “delusional, paranoid beliefs to do with drug use” at the time of the offence.
“He came to certain conclusions in his head and had this device with him.
“He admits to the offending.”
Nagle also pleaded guilty to possessing a laser pointer, which he beamed at females outside a Lynbrook supermarket, and to possessing parts of a home-made firearm.
On 4 January, Nagle was discovered with the gun parts and cannabis by PSOs at Clayton railway station.
Police prosecutor Senior Constable Kerryn Savin told the court the gun parts were “not in a useable form”.
Nagle’s lawyer said the accused had told police that he made the firearm to harm himself.
The accused’s criminal history was “drug motivated”, and his past blighted by homelessness and drug use, the lawyer said.
“He has an address … He hopes to have the opportunity to have support in the community.”
Magistrate Jack Vandersteen noted Nagle’s “disorganised, delusional thinking” at the time of the bomb threat, as well as the injury risk to people walking to Oakleigh railway station.
He said it was difficult sentencing a person whose mental health had now stabilised during a month in remand custody.
“I hope things go well for you, Sam.
“On the face of it, you seem a gentle individual. But with mental health issues, you do not help yourself with using drugs.”
Nagle was sentenced to 36 days jail – already served in pre-sentence remand – and a 12-month community corrections order with supervision, drug testing and mental health treatment.
Nagle was ordered to provide a DNA sample to police.
