A DEFENCE lawyer has argued that the only way to keep a Horsham man out of trouble, is to keep him in jail.
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Shane Willshire, 32, appeared in Horsham Magistrates' Court on Wednesday.
He pleaded guilty to possessing methamphetamine, theft, failing to answer bail, contravening an intervention order and criminal damage.
The court heard Willshire was in the Metropolitan Remand Centre on March 8, 2018 when prison officers searched his cell and found a white capsule, which contained methamphetamine.
Willshire denied knowledge of the drug and failed to appear in court for the incident.
Willshire was charged with theft following an incident on August 13, where he helped steal items from Vinnies in Horsham.
Willshire and two co-accused drove to the charity store at 3am and took two floor lamps, a stereo, a bookshelf and a biscuit tin. All items were next to a donation bin.
Willshire was arrested on August 28 and told police that he was stoned at the time and stayed in the car, not helping with the theft. He failed to appear in court for the incident.
Willshire breached an intervention order by verbally abusing a neighbour on March 28.
On July 3, Willshire was in the front yard of a Horsham property when he became agitated and believed he saw a peeping Tom. He started kicking the property's fence, causing damage worth $250.
He failed to appear in court for the incident.
Defence lawyer Nick Graham said the only way to keep Willshire out of trouble was to keep him in jail - which wasn't possible.
"He has no capacity to pay a fine and he is not able to work," he said.
"He is a local entity in this area and is probably known to every police officer who has been through the station.
"Alcohol has been a problem that has plagued him forever."
Mr Graham argued the drugs at the remand centre did not belong to Willshire.
"The custody officers brought him a suit to wear to court and the drug was in the top pocket of the suit," he said.
"It would have been difficult for him to bring drugs into the jail and he had no control over what he wore."
Magistrate Andrew McKenna questioned why Willshire pleaded guilty to the drug charge, if he believed he was innocent.
Mr Graham said Willshire wanted to have the matter dealt with, so he could move on.
He said Willshire didn't assist in the theft at Vinnies. He said he didn't have a house at the time and therefore had no reason to steal furniture.
Mr McKenna said Willshire had been repeatedly sent to prison, but it hadn't stopped his offending.
"When orders are put in place, there needs to be compliance - society breaks down when there is no compliance," he said.
Mr McKenna sentenced Willshire to two months in jail, with 21 days already served.
"You don't have to commit crimes - you are only 32 you still have plenty of life ahead of you," he said.
"I'm being as sympathetic and lenient as I can."
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