A man who stole a $400 esky, and was later caught with meth in his undies, has been jailed for less than half the amount of days he spent in custody.
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Dylan Kelly, 24, of Wanstead Street, spent 109 days in pre-sentence detention after being charged with theft, breaching two community correction orders and drug-related offences.
He was convicted and jailed for 40 days, with time already served.
Police prosecutor Senior Constable Kevin Mullins said that on April 28 the accused attended the Warrnambool RSL club about 8pm and was observed by staff loitering in the front foyer.
He was later observed on CCTV footage picking up a promotional Jim Beam esky and leaving the building. Mr Kelly was arrested outside a Kelp Street address the following day.
A search revealed a small bag containing 1.25 grams of cannabis in Mr Kelly’s trouser pocket.
He was taken to Warrnambool police station, where a further search revealed a bag containing 0.47 grams of meth and an ice pipe inside his underwear.
During an interview Mr Kelly admitted to stealing the esky and possessing the cannabis, which he said was for personal use.
Senior Constable Mullins said Mr Kelly had consistently breached his community corrections orders by re-offending and failing to comply with the conditions.
But lawyer Katarina Ljubicic said Mr Kelly’s struggle with homelessness made it difficult to comply with the orders.
She said since being in custody, Mr Kelly had taken part in a number of courses and his prospects of rehabilitation were promising.
Ms Ljubicic urged Magistrate Alan Spillane to consider another community corrections order, stating that it would be even more concerning if Mr Kelly was released with no support.
But Magistrate Spillane said he did not believe Mr Kelly would comply with another order and would take up precious resources instead.
He cancelled the existing community corrections orders and sentenced Mr Kelly to 40 days in jail.
