A man who broke into a Bendigo home while an 18-year-old woman was there alone has been sentenced to 330 days in prison and a two-year community corrections order.
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Leigh Jade Broome, 31, was sentenced in the County Court on Wednesday after pleading guilty to aggravated burglary, theft, handling stolen goods, and obtaining property by deception.
The matter was heard before the Bendigo Magistrates' Court in March but Magistrate Michael King determined the County Court was the appropriate court to sentence Broome.
County Court Judge David Brookes noted in his sentencing remarks that Broome had already served 310 days in jail as part of pre-sentencing detention.
"Although you have a considerable criminal history, you are of an age where I believe rehabilitation can be achieved," Judge Brookes said.
"I do take into account your intention was to steal, not to confront or harm the householder. It was opportunistic offending that was at a relatively low level of aggravated burglary."
The court heard the victim was home alone in the house she shared with her mother on the evening of October 22, 2018.
While in the bathroom, she heard movements in the house and called her mother to see if she had returned home. Her mother told her to hang up and call police.
The young woman locked herself in the bathroom and heard more than one person walking in the house, as well as more than one male voice.
The mother and her boyfriend later arrived and saw a television had been moved to the front verandah of the home, and an esky had been moved.
The front door was also open and through it they saw the back door close.
The mother's boyfriend ran to the side gate and saw the accused jump over the fence.
He followed and confronted Broome in the neighbour's yard, where Broome dropped a phone taken from the house. The boyfriend held Broome there until police arrived.
Broome's defence counsel Julien Lowy told the court in his submissions there were a lack of aggravating features in the offending.
"It is the lower end of aggravated burglary where there was an absence of violence, weapons and a threat," Mr Lowy said. "The most aggravating feature was that it happened at night."
Mr Lowy told the court Broome has had a significant drinking problem since he was a teenager and that Broome had drank five bottles of spirits and taken amphetamines in the lead up to the offending.
Mr Lowy said Broome had little memory of the offences because he was very drunk at the time.
But Crown prosecutor David Cordy said Broome, who has a number of prior convictions, had a pattern of dishonest behaviours and it was in the public interest for him to be sentenced to a term of imprisonment.
"To say he did what he did because he was drunk is cold comfort to the community," Mr Cordy said. "The community is sick and tired of this sort of behaviour.
"Only a sentence of imprisonment with a non-parole period is adequate."
Judge Brookes told the court in his sentencing remarks that it was an aggravating feature that Broome was on a community corrections order at the time of the offending.
"I regard it still as important that your sentence conveys to others who are considering such behaviour that they can expect serious punishment," Judge Brookes said.
"I am satisfied that a sentence with a term of imprisonment is required."
Broome has a further 20 days to serve under is 330-day prison sentence.
He will also complete drug and alcohol treatment as well as programs to reduce re-offending as part of his two-year community corrections order.
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