A BENDIGO man was acting out of desperation when he broke into a property and used a stolen credit card to buy food and alcohol, a lawyer has told a court.
Callum Patrick King, 34, appeared in the Bendigo Magistrates' Court last month where he pleaded guilty to charges of theft, trespass, and dealing with the proceeds of crime.
The court heard between March 18 and March 19 this year, King tried to break into an address on Hope Street in Bendigo.
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When he could not gain entry, King went to the unlocked shed at the back of the property and rummaged through items.
He tried again to enter through the back door of the house before leaving the property.
The court heard then on March 30, King went to a Salvation Army donation bin at Lyttleton Terrace and stole a gel blaster gun and a wallet.
Later that afternoon, witnesses saw King waving the gel blaster gun aggressively.
Police attended a short time later and arrested the 34-year-old. Officers found a screwdriver and other tools that had been stolen from the Hope Street address.
King was released on bail after his police interview where he admitted to trespassing.
The court heard on August 30 a victim lost her Commonwealth Bank credit card.
The next day, King used the card to buy food and alcohol. He spent a total of $226.80 using the stolen card.
King was arrested at the Bendigo Railway Station on September 20. He had the stolen credit card and a knife in his possession.
Defence lawyer Robert Timms told the court King was couch surfing during the period of offending.
Mr Timms said King displayed "no active criminality" and instead was acting out of "desperation" to buy food and other items.
The defence lawyer said King had a long-term drug addiction and medical issues including epilepsy.
Mr Timms submitted that King had already served two days of pre-sentence detention, which the magistrate could consider in sentencing.
Magistrate Alan Spillane said King's crimes were an "act for survival" so he would not impose an excessive punishment.
But Mr Spillane said sentencing King to a community corrections order would only be setting him up to fail as he did not have a stable address.
King was instead convicted and jailed for seven days, with two days reckoned as already served.
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