Police have failed in their bid to have a young Illawarra criminal awaiting sentence on four serious break and enter charges locked up for his third curfew breach.
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Cory Milgate, dubbed the “onesie bandit” after he was caught on camera robbing the Tarrawanna post office dressed in the popular pyjama garment, fronted Wollongong Bail Court on Sunday after his arrest on Saturday night for failing to comply with his 6pm daily curfew.
Court documents said Milgate was not home when police arrived at 7.15pm to carry out a bail compliance check at the Waley Avenue home he shares with his grandparents and younger brother.
Milgate said he had been out body boarding with a friend and had simply “lost track of the time”.
It’s the prosecution submission Mr Milgate has a cavalier approach to his bail….and isn’t taking it seriously
He said he arrived home shortly after the officers had left and immediately phoned the police station when informed by his grandmother of the police visit.
Milgate was arrested that night and remanded in custody, with police on Sunday applying to have the court revoke his current bail, noting this was the third time he had breached the curfew condition.
“He’s currently on bail for a number of serious property offences including aggravated break and enter,” police prosecutor Sergeant Shannon Ryan said.
“The court required significant persuading to grant him bail on that matter and strict conditions were imposed.
“It’s the prosecution submission Mr Milgate has a cavalier approach to his bail….and isn’t taking it seriously.”
However, defence lawyer Claire Carpenter said Milgate had been honest and forthright in his explanation for the breach and had proactively contacted police to advise them he was home.
Registrar Nicole Hoffman agreed to release Milgate on his current bail conditions, noting he would be “extremely vulnerable” in prison given his young age.
However, she warned him he had reached his “absolute limit” of opportunities.
“It won’t be allowed to happen again – take this as your last chance,” she said.
Milgate is due to be sentenced in January for breaking into four northern Illawarra business in the space of a month in August this year.