A Warilla man who coordinated a brazen robbery from a Shellharbour TK Maxx store last week has avoided jail after pleading guilty.
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Magistrate Greg Elks sentenced Daniel Kakahi, 33, to a 12-month intensive corrections order in Wollongong Local Court on Tuesday.
Police had charged Kakahi with one count of shoplifting after he and a group of males raided the Shellharbour TK Maxx store last Thursday night.
Kakahi and others shoved designer clothes into shopping baskets and duffel bags for 20 minutes while causing chaos in the store, witnesses said.
The group fled the scene as staff called police.
After viewing CCTV footage, police identified Kakahi, then raided his Warilla home on Friday, arresting him and other members of the group.
Kakahi confessed to police that he had entered the store with the intention to steal items and was held in custody.
Prior to his conviction on Tuesday, Magistrate Elks refused Kakahi's application for bail.
Defence lawyer Anthony Stewart said Kakahi had four children in his care, including a 12-year-old who he feared would run away if Kakahi remained in custody.
Mr Stewart said Kakahi suffered from anxiety and depression but was about to get on a mental health plan. Kakahi also struggled with an methamphetamine addiction but was getting back on track.
Opposing bail, police prosecutor Tanya Pavlin said Kakahi had a lengthy record for similar offences and had a warrant outstanding at the time for other matters.
"I would submit while the value of items [found on Kakahi] came to $110, the value of the property stolen in total was considerably more than that," she said.
Police said Kakahi orchestrated the robbery and considerable planning was involved prior to the raid on TK Maxx.
"Kakahi's involvement is far more significant than just stealing a jumper, T-shirt and cap," Ms Pavlin said.
Magistrate Elks noted while the value of the items found on the defendant was $110, "It is certainly an orchestrated situation where a number of people took a larger amount of material".
He then refused bail.
After the bail decision, Kakahi pleaded guilty to the charge.
"[Kakahi] instructs me it was a silly moment and he made a wrong decision," Mr Stewart said.
Acknowledging Kakahi's record was not good, Mr Stewart asked Magistrate Elks to consider Kakahi's obligation of care to his daughter.
In his sentencing decision, Magistrate Elks said while the charge in itself would not require a custodial sentence, taking into account his record it was a more serious matter.
Sentencing Kakahi to an intensive corrections order, he said he was satisfied the sentence would protect the community.
"In all of the circumstances I am satisfied I can deal with this by way of ICO," he said.
Kakahi had an outstanding corrections order at the time of the offence which Magistrate Elks revoked and replaced with a new corrections order for a period of 18 months.
Kakahi will have to regularly report to Wollongong community corrections and abstain from illicit drugs.
He will also have to repay the value of the items stolen to TK Maxx.
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