Two rugby league teammates have had a "wake up call" after a boozy night out in Bowral led to the pair spending nearly a month behind bars.
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On January 21, 2022, Liam Cassidy, 26, and Nicholas Belmonte, 23, were drinking with teammates when the pair decided to attend the Bowral Hotel.
Wollongong District Court heard that Cassidy - a former under 23 Country Rugby League star and a key forward for Collegians in their 2022 Illawarra League side - and Mittagong Lions prop Belmonte had consumed significant amounts of alcohol that night, but were on the hunt for more.
Arriving after the pub shut, the pair then attempted to access the takeaway bottle shop, where, to their surprise, the door opened after minimal effort.
As the alarm sounds, Cassidy timidly steps into the takeaway section of the pub, picks up a bottle of vodka, before putting it down after being confronted by two staff members.
Police later arrested Cassidy and Belmonte, charging them with aggravated break and enter in company and steal an item less than $60,000 in value.
On March 19, 2024, the pair were both sentenced to prison terms, Belmonte to 14 months and Cassidy to 15 months behind bars.
Both had previous matters on their record, which they were serving community corrections orders at the time of their arrest. In Cassidy's case, this was related to destroying property and in Belmonte's case two charges of supplying a prohibited drug.
The pair appealed the sentences, with defence lawyer Patrick Schmidt putting forward that the seriousness of the offending did not cross the threshold requiring a prison sentence.
"This was completely opportunistic, nothing was taken, there was no violence at all, no stealth, no plan, no weapons used, they yanked the door and it opened."
Judge William Fitzsimmons concurred, however noted that Belmonte, in particular, was on thin ice.
"The appellant's actions in drug supply were conducted openly in complete disregard for the law," Judge Fitzsimmons said.
"Belmonte can't keep getting indulgences from the court."
Judge Fitzsimmons said the 25 days spent behind bars between the initial sentence and the appeal would be a "wake up call" for both, and for Belmonte his consumption of alcohol.
"[Belmonte] acknowledges that he consumed considerable amounts of alcohol, acknowledged consuming alcohol on weekends was a significant problem and part of the culture he was involved."
Judge Fitzsimmon's sentenced both to an intensive corrections order, Belmonte for nine months and Cassidy for six. Both will also have to complete 50 hours of community service.
