A WOMAN has avoided prison after she falsely told police her sister burgled her Kyabram home.
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Angela Louise Emery, 36, was sentenced in the County Court on Friday after she pleaded guilty to attempting to pervert the course of justice and committing an indictable offence while on bail.
Judge Michael Bourke said Emery's offending was "markedly flawed" but not serious enough to warrant a term of imprisonment.
Read more court: Man accused of stealing guns denied bail in Bendigo
The court heard Emery's Kyabram home was burgled on January 30 this year, with CCTV footage showing offenders smashing windows and stealing a hard drive.
Emery spoke to police at the scene, telling officers she suspected the brother of her former partner was the offender.
She changed her story on February 2, instead telling officers it was her sister and her sister's partner who committed the burglary.
Emery contacted her sister in a series of messages on February 11, instructing her to tell detectives the false story and take the blame for the burglary.
Emery was arrested the next day and her phone was seized.
Police saw messages from a man, who instructed Emery to tell police someone in her family committed the burglary. In return, he said he would pay for the damaged windows.
The court heard on February 18, the man who Emery initially nominated as the offender was charged, and later sentenced, for the burglary.
Read more court: Offender jailed after pleading guilty to assaulting a police officer
In his sentencing remarks, Judge Michael Bourke said he accepted the man who sent Emery the messages was a person who "should not be ignored".
Judge Bourke said while there was "implicit force" behind the messages, Emery's actions were "markedly flawed and clumsy".
"It was almost ludicrously doomed to failure," the judge said.
Judge Bourke said he accepted the plea was entered at a very early stage - only seven months after the offending.
The judge said he would also take into account that Emery's life had "declined" in her early 30s, after she turned to drugs during an abusive relationship.
Judge Bourke said while the charge of perverting the course of justice usually warranted a jail term, Emery's personal circumstances and plea moderated the sentence.
The judge convicted and sentenced Emery to a two-year community corrections order with 250 hours of unpaid community work.
Emery will also be required to complete drug and mental health treatment as part of the order.
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