By Cam Lucadou-Wells
A DANDENONG magistrate has laid down the law to an 18-year-old car thief, warning him he’s keen to avert a repeat of the fatal car crash in Narre Warren South on 5 November.
Adam Scherwinski pleaded guilty to robbery, unlicensed driving and five counts of motor vehicles theft among more than 30 charges at the Dandenong Magistrates’ Court hearing on 15 November.
Magistrate Jack Vandersteen noted young people stealing and driving stolen cars was of high concern in the “local community”.
“The worst case scenario is you’re involved in a car accident and someone else is killed or seriously hurt.
“It would be devastating on everyone if that were the case.”
As an example, Mr Vandersteen referred to the 5 November fatal crash in which an allegedly stolen car filled with six teens flipped.
A 17-year-old male passenger died, another was critically injured and the 15-year-old driver was charged with offences including theft, burglary and culpable driving.
Mr Vandersteen said a Youth Justice supervision order as well as bail conditions – including a night curfew at a Cranbourne North address – had “done nothing” to quell Scherwinski’s offending.
“It’s not working. Where is the line for you? At what point will you pull up?”
Among Scherwinski’s offences was a robbery in a residential unit in Dandenong on 10 May.
A female knocked on the unit’s door about 5.45am and was let in by one of the two refugee occupants.
Scherwinski and an unknown male followed her inside, and demanded the victims’ wallet, phone and car key.
They stole the goods after punching the victim, and also stole a laptop from the other victim.
Scherwinski was also charged with driving a car stolen from a Berwick home’s driveway on the night of 9 June. It was laden with $1700 of tools, an iPad, CDs and clothing.
He also pleaded guilty to multiple shop-stealing and petrol drive-offs in Melbourne’s south east – some after he was bailed on 29 June.
He has been in adult custody since being arrested on 10 October.
Defence lawyer Peter Sublet said the accused’s behaviour stemmed from illicit drug problems, an attachment disorder and a disadvantaged background including education only up to Year 6.
The “penny had dropped” and Scherwinski was now willing to go to detox and stay out of trouble, Mr Sublet said.
“To sentence my client to further time in prison … is not the correct way to rehabilitate him.”
Mr Vandersteen retorted: “The family he kills in that stolen car won’t give two hoots about what you’ve just said.
“How do you protect the community when he doesn’t engage himself?”
Mr Vandersteen said it was a difficult balance in keeping Scherwinski from the “criminogenic” influence of jail, rehabilitating him and the need to protect the community.
In a sentence indication, Mr Vandersteen said the man was facing six months detention with youth parole to start before Christmas.
He deferred sentence, and bailed Scherwinski “to see how you go” on a night curfew, a ban from driving and associating with co-accused, daily reporting to police and twice-weekly appointments with Youth Justice.
The accused faced longer than six months if he reoffends, Mr Vandersteen said.
“If he re-offends, the six months is well and truly off the table.
“We’re not asking much of you – just staying out of trouble.”
Scherwinski was bailed to appear at Dandenong Magistrates’ Court for sentencing on 2 December.
