An unsophisticated burglar who tried to escape from a courtroom after he had been refused bail, injuring a corrections officer in the process, has been sentenced to almost one year and two months in jail.
William Shane Bushell had already spent over 200 days in jail before he was sentenced by the ACT Magistrates Court on Wednesday (17 January).
The 33-year-old had pleaded guilty to charges that included attempting to escape from custody, aggravated burglary, minor theft, resisting a public official, trespass, and possessing weapons and ammunition.
On 24 July 2023, Bushell was brought before the Magistrates Court and had his bail refused, after which he tried to escape the room.
A corrective services officer stopped him, but he tried to push past them before he was grabbed by police officers and taken to the ground. He resisted but was punched by a police officer, which resulted in him being subdued.
After the incident, the corrective services officer was left with soreness to their shoulder, requiring them to take time off work.
Magistrate Ian Temby said it was serious that the offence had been committed in a courtroom, but also remarked, “You did not get very far”.
Regarding other charges, police had been told that two men were breaking into the Commonwealth Bank in Civic in the early hours of 10 June 2023. Officers arrived to see one kneeling on the ground in front of an ATM and the second standing beside him, court documents said. One of the men was Bushell.
The pair were arrested and police found several tools on the ground, including screwdrivers and a pair of pliers, which officers believe were being used to break open the ATM.
Magistrate Temby said there was nothing to suggest anything had been taken during this burglary.
Bushell had pleaded guilty to another burglary, where he and another person forced their way into a hotel, damaging a door, and stole alcohol.
Also, he had stolen three e-scooters and had been found with scissors, a knife, a pole and “quite a volume” of ammunition, although he had no weapon to use it, the magistrate said.
His lawyer, Steph Corish from Legal Aid, said the burglaries could not be described as sophisticated or premeditated, while his attempt to escape custody was opportunistic conduct that seemed to be a fleeting decision made out of desperation.
She said while he had a significant criminal history, this was linked to his mental illness, being paranoid schizophrenia. Drug use was also a motivating factor for much of the offending, she said.
Prosecutor Chamil Wanigaratne said it appeared that when Bushell decided he needed something, the rights of individuals and compliance with the law “seems to go out the window”.
The prosecutor said he needed to know he could not fulfil his needs at the expense of the community.
Bushell was handed a non-parole period of nine months. As his sentence was backdated to account for time served, he is eligible to be released from March 2024.
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