A teenager who stole nearly $4,000 worth of meat from Woolworths stores across Hobart has had her suspended jail sentence overturned by the Supreme Court of Tasmania.
Kalysta Joy Illingworth was 18 when she was handed a six-week jail term, wholly suspended, after pleading guilty in May 2024 to four counts of stealing and three counts of trespass.
But Justice Kate Cuthbertson found the sentence was too harsh, ruling the magistrate had “erred in imposing” custody on someone who had never previously been sentenced by a court.
The court heard Illingworth and her accomplices stole meat worth $3,732 from Woolworths stores in New Town and Sandy Bay over three days.
She had already been banned from entering any Woolworths store under a prohibition notice issued in March 2023.
At the time of sentencing, Illingworth also had 15 pending youth justice matters for similar offences allegedly committed when she was 16 and 17.
The magistrate told her she was “now an adult” and would “be dealt with like an adult”, despite her having pleaded guilty to youth matters that were still before the court.
Justice Cuthbertson acknowledged the pending matters made personal deterrence relevant but said they had not resulted in any formal warning from a court.
“… This was not a case of an offender breaching or failing to heed the warning communicated by a previous sentence imposed by a court,” she said.
While the offending was serious and general deterrence important in shoplifting cases, Justice Cuthbertson said Illingworth’s youth and circumstances meant rehabilitation should have been the focus.
“Consequently, a custodial sentence fell outside of the bounds of the proper exercise of the sentencing discretion in the circumstances of the case,” she said.
“The imposition of a suspended period of imprisonment was manifestly excessive as a consequence.”
By the time of the appeal hearing, the community correction order imposed by the magistrate had already expired.
The case will return to court for resentencing.
