An elderly woman who pinched flowers to sell has been cautioned, after a magistrate claimed police "wouldn't lock up" his own grandmother for taking plant clippings.
Anka Popovich pleaded guilty on Monday in the Queanbeyan Local Court, where a single charge of destroying or damaging part of a plant with intent to steal was dismissed.
The 83-year-old, from Queanbeyan, was charged by police after she stole flowers on January 26.
Ms Popovich entered a driveway in Queanbeyan at about 3am and cut a large number of roses from a garden hedge. The theft was recorded on home security cameras.
The flowers were fully grown and valued at about $10 each.
On February 2, police officers stopped Ms Popovich and saw she had a pram containing a large number of flowers, which were hidden under a blanket.
When questioned by police, Ms Popovich said "yeah, I pinched this", and told officers she sold the blooms for $5 a bunch.
"[Ms Popovich] showed little to no remorse when made aware about the distress her actions have caused local garden owners," court documents state.
"Police are aware that many other residents ... have also been impacted by the [woman's] actions over a prolonged period of time".
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NSW Police seized the flowers, and took them to the hospital in Queanbeyan, including the maternity ward, and gave them to patients. They then publicised their efforts online.
Ms Popovich's lawyer Carley Hitchins, of Aulich law firm, told The Canberra Times her client was "delighted" the charge had been dismissed with no conviction.
"Police seem to forget they have the discretion to charge somebody in the first place and there was clearly no public interest in charging this elderly woman," Ms Hitchins said.
In court, magistrate Roger Clisdell had a simple message for the elderly woman: "You can't take other people's flowers to sell."
"You completely cleaned out all [of the victim's] lovely flowers, don't do it again," he said.
However, the magistrate told the court "gardeners love sharing" which was a common practice among anyone "who is a keen gardener".
Mr Clisdell said police "wouldn't lock up my 82-year-old grandmother" for taking clippings to propagate.
"Ah, but [Ms Popovich] did it for profit. That's a bit different," he said.
Hannah Neale
Hannah is a reporter with The Canberra Times. She is currently covering ACT courts. Hannah started as a journalist with The Southern Highland News and The Goulburn Post before moving to the ACT. Twitter: @neale_hannah
Hannah is a reporter with The Canberra Times. She is currently covering ACT courts. Hannah started as a journalist with The Southern Highland News and The Goulburn Post before moving to the ACT. Twitter: @neale_hannah
