A Dandenong North woman accused of shoplifting more than $10,000 of goods has been freed on bail after arguing prison authorities had failed to properly manage her Crohn’s Disease.
Jade Emery, 24, proved ‘exceptional circumstances’ – the highest test for bail – in a hearing at Dandenong Magistrates’ Court on 8 October.
She had already spent 64 days in remand on the charges including burglary while on bail, theft, failing to appear on bail, and possession of anabolic steroids, testosterone and ‘ice’.
She and her boyfriend were accused of stealing a $3499 digital camera and $1299 security camera from a store room at JB Hi-Fi at Fountain Gate on 7 June.
They also bought a $70 toilet at Bunnings Keysborough, removed it from its box and then smuggled out an angle grinder and laser level worth $1294 inside the box, police claimed.
They allegedly used a similar method stealing more than $1900 of power tool kits and a set of bathroom scales from a Bunnings store in Wonthaggi on 2 June.
The same day, the couple stole $4389 of game consoles from the rear storeroom of a Big W outlet, police nominal informant Sergeant Shane Arnheim told the court.
Emery was also accused of stealing a $1499 Samsung Galaxy Note phone from a David Jones store in Chadstone in November.
Defence lawyer Bridie O’Malley said there may be issues of whether CCTV footage clearly identified Emery or the unrecovered stolen goods during the incidents.
Police argue that Emery had been identified as a result of police circulars.
Emery was found suitable for the CISP supervised bail program, the court was told. She had a “positive” engagement with a CISP program in 2017 before a relationship breakdown triggered her relapse into illicit drugs, Ms O’Malley said.
Emery had abstained from drugs while in remand. But her Crohn’s affliction had also “flared up” due to a runout of medication and improper diet in prison, Ms O’Malley said.
She had had major bowel surgery to treat the disease.
“It took seven hours to take her to hospital,” Ms O’Malley said.
“It’s a sensitive issue because the flare-up can happen quite quickly.
“It’s a bit of a ticking time bomb and it is weighing on her quite heavily.”
Emery told the court that she had failed to go to court in February because she had been rushed to hospital by ambulance.
In granting bail, magistrate Julie O’Donnell relied heavily on the “significant” medical issues. She also noted stable accommodation being offered by close relatives.
On the other hand, she noted Emery had 13 pages of criminal history, had failed on two community corrections orders and was accused of “sophisticated” thefts.
As part of Emery’s bail, she was ordered to report daily to police, comply with CISP, obey a night curfew, not attend shopping centres and not to associate with the co-accused boyfriend.
She will next appear at Dandenong Magistrates’ Court on 29 October.
