and six oranges from a private garden after he rode past and smelled how good they were.

Malcolm Edward Symonds, 38, pleaded guilty to stealing the $40 worth of fruit on January 7 this year.

A neighbour heard the motorcycle pull up in North Cote Road, Pembroke, at about 10 p.m.

He told Police he had gone outside to investigate because there had been complaints of fruit going missing from his neighbour's trees.

Police were called and Symonds was found with the 12 fruits.

Symonds, a grass cutter, told Senior Magistrate Archie Warner: "It was the first time I had been to the man's garden. I saw the oranges and the grapefruits, Your Honour, that is all.'' Mr. Warner said: "You must have been eying up these grapefruits in this garden for a long time. What, you were just passing at 10 p.m. and you smelled them and thought you would like one and so went into the man's garden?'' To which the defendant replied, "yes''.

Symonds was told that stealing the fruit was no laughing matter and fined him $100.