A HORSHAM man was sentenced to two months in jail after he pleaded guilty to multiple charges.
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Benjamin Albert Smith, 31, appeared at Horsham Magistrates' Court on July 29 to face theft, failing to report to the sex offenders registry, committing an indictable offence while on bail, unlawful assault and making threats to kill.
Smith pleaded guilty to all charges when he reappeared on August 2. He represented himself via video link from jail. He had already spent 38 days in custody.
On November 18 Smith and a co-accused attended the Horsham property of Smith's former partner.
The court heard Smith picked up a snare drum that was in driveway and threw it through the front window of the house. The victim and another person present at the house witnessed the incident.
Smith put his head through the hole in the window and shouted abuse at the victim, threatening to kill her. The victim contacted the police.
Police arrested and interviewed Smith. He denied making the threats and causing the damage.
Smith was released from a custodial sentence on March 25. On April 2 he was charged with failing to report to the sex offenders registry.
On July 22, Smith entered Horsham's Aldi supermarket and picked up a television from a shelf. He placed the television inside the entrance of the supermarket and left the shop.
He later returned and collected the television, walked outside and made no attempt to pay for the item. The shop filed a theft report, and Smith was later arrested and charged.
Smith denied the theft in an interview with police, saying: "If I had done it they wouldn't have caught me."
He was refused bail.
On August 2 the court heard Smith was unsuitable to be immediately released from jail on community corrections order.
Smith told the court that he would live in a hotel near Ballarat if released and promised that he would stay at that address.
Magistrate Julie Grainger said Smith had broken "so many promises" across "such a short amount of time". She said her sentence would reflect the fact that Smith committed the offences while on a CCO.
"You have a very long list of criminal history and have failed many CCOs. Your prospects for rehabilitation are dependent on you accepting treatment," she said.
"Most of this offending is drug related, and I've taken that into account - but it is no excuse. I have to impose a sentence that punishes you and sends a message to the community that offending while on ice is not tolerated."
Smith was sentenced to two months jail, with 38 days served. He will be placed on an CCO for 18 months when released, and will have to undertake treatment for drug use and offending behaviour.
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