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Suspended sentence for dishonesty offences

A 36-year-old man admitted to three counts of deception when he appeared in Magistrates' Court yesterday.

The court heard from Crown counsel Paula Tyndale that on February 25, Jay Ming, of Middle Road, Paget, three times falsely collected bulk food items from Butterfield and Vallis Wholesale under the name of Clear View Guest Apartment's Landfall restaurant.

Ming collected bulk items including cases of tenderloins, shrimp, Wing Dings, chicken, snapper and cases of grouper, all totalling more than $1,200.

On all three occasions Ming arrived at Butterfield and Vallis with an unidentified person accompanying him and posed as a Landfall Restaurant employee, signed off on the invoice and drove off in an unidentified car.

On that same day, Ms. Ruth Paynter, owner of the Clear View Guest Apartments arrived at Butterfield and Vallis and was told that someone already picked up her order.

Ms. Paynter denied authorising anyone to pick up any orders and contacted Police to make a complaint.

Ming was later arrested and admitted to picking up the food, but said he did not order the food. He did confess that he was aware the food was dishonestly ordered.

Ming has multiple previous convictions of similar matters, which date back to 1989.

Ming addressed Senior Magistrate Archibald Warner on why he should not be given a custodial sentence.

He said on why he never complied with his probation: "I went to probation services and spoke with the head probation officer and was informed that I wasn't on probation.

"I want to apologise [for my actions]. When I was let out of prison I didn't have anywhere to live and I relapsed. I tend to function very well in jail and am very productive."

He told Mr. Warner: "I was not using in jail, if wanted to I could have obtained any drugs I wanted in there. I am employed at Coco Reefs as a chef and I have secured accommodations."

He pleaded with the Magistrate: "If you can give me the final opportunity to prove to myself, foremost, then to my family and the community that I am not a threat."

Mr. Warner warned him: "You have been given many chances and it is not working. It seems that a custodial sentence would be best."

He then gave him three years imprisonment, which was suspended for 24 months. He turned Ming over to Court Services for the 24 months and ordered him to comply with all rehabilitative programs at the programs discretion including any drug rehabilitation programs. He also ordered Ming to repay Ms. Paynter within 90 days for the stolen items.