A MAN sentenced to a community based order for his part in the armed robbery of a Sebastopol Pharmacy has reappeared in court for breaching that order.
Michael Lee Porter, of Sunshine, was given a two-year community based order last May after pleading guilty to one count of armed robbery.
The order involved regular supervision, assessment and treatment.
However, Ballarat County Court heard yesterday that Porter started breaching the order last November.
He is currently serving 13 days in custody for the theft of a motor vehicle and failure to appear on bail.
Prosecutor David Cordy yesterday asked the court to cancel the previous order and resentence Porter.
However, Fred Stewart, representing Porter, said his client had intellectual difficulties and any further custodial sentence would have a negative impact.
"This is an unfortunate situation, Mr Porter's disability is such that it affects his behaviour," Mr Stewart said.
Mr Stewart said the United Pentecostal Church had offered Mr Porter accommodation upon his release from custody today and he had appropriate support networks in place.
Judge Michael McInerney agreed to persist with the original CBO, which still had 18 months to run.
"You just have to stay out of trouble, and more importantly, try and get a job" Mr McInerney said.