At the County Court, Judge Sarah Dawes imposed a two-year term of imprisonment for Spits, 38, for guilty pleas to two counts of theft and one count of handling stolen goods, while co-accused Lincoln Mifsud, an Echuca panel beater, avoided jail time.
Mifsud, 45, was instead placed on a two-year corrections order, having pleaded guilty to four counts of handling stolen goods.
Spits had admitted he'd stolen two speed boats from Bundalong in February 2020 and brought another two stolen boats he was "directly involved" in the thefts of from NSW into Victoria the month prior.
Mifsud had helped Spits store all four stolen boats.
In sentencing, Judge Dawes said she did not accept Mifsud had played a "passive" role in the offending, but found Spits’ moral culpability and active role in the offending to be more significant.
She labelled Spits’ barrister Zarah Garde-Wilson's submission he be placed on a corrections order in combination with a prison term - a sentence that would limit the custodial stint to 12 months - "not a realistic sentencing option", noting Spits had prior convictions for dishonesty offending.
Judge Dqwes said sentencing Mifsud had been a "difficult decision" but found an alternative to a custodial sentence appropriate, referencing his previous good character - he had no prior convictions - along with "excellent" prospects of rehabilitation.
She did note Mifsud had "avoided a term of imprisonment by the narrowest of margins".
At an earlier plea hearing, prosecutor David Gray said two Malibu Wakesetter boats valued at a combined $250,000 were stolen from a Mulwala property, on January 26 and 27, 2020, which Spits would subsequently transport to Victoria.
Mr Gray said Spits was "directly involved" in stealing those boats, but could not be charged with the offence by Victorian police as it occurred in NSW.
It was further heard Spits stole a $135,000 Malibu Wakesetter from a house in Bundalong on February 25, 2020. A fourth boat, a $140,000 Malibu Wakesetter, was stolen from a different house in Bundalong on February 26.
Simultaneous raids were executed on Spits’ Echuca address and Mifsud’s Echuca-based LWM Panels business on February 28, locating a Range Rover at Spits’ house that had allegedly been used to tow one of the stolen boats from Mulwala, while the boat allegedly stolen on February 26 was found at Mifsud’s workshop.
Mifsud then took police to nearby storage sheds where the other three stolen boats were found.
Ms Garde-Wilson submitted her client was bankrupt at the time, with "dire financial circumstances and significant cocaine use" behind the offending along with declining mental health.
Mifsud’s barrister Michael Turner had argued his client was not involved in the thefts or their planning and labelled Spits "the architect of this enterprise".
He said Mifsud had "no real need for a financial injection", owning his own business and not using illicit drugs.
Mr Gray had submitted a term of imprisonment was appropriate for each accused and did not accept Mifsud was a "passive player", although he added Spits could be seen as "at the head of the operation".
Spits’ two-year sentence features a non-parole period of 15 months. Mifsud's corrections order will encompass 350 hours of community work.
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