A Sebastopol man who was jailed for 15 months has abandoned his appeal after a County Court judge told him he couldn’t see why the original sentence was not “totally appropriate”.

Benjamin Kendell, who has already spent 179 days in custody, lodged an appeal against the 15-month sentence handed down in the Ballarat Magistrates’ Court earlier this year. 

Kendell’s barrister, Daniel McGlone, told the County Court on Friday the appeal was lodged against the length of the sentence.

He told Judge Michael McInerney his client had been “extremely productive” while in custody, reporting this had been an important part of his rehabilitation.

Mr McGlone said Kendell told him he was now motivated to look after his family.

But Judge McInerney said Kendell’s offending were “hardly the actions of someone wanting to look after his family.”

In response, Mr McGlone said the offending had came first and his family second, but things had now changed.

“He couldn’t put the brakes on the world he was in. But the brakes have been put on now,” he said.

Judge McInerney said there had to be a price to pay for these things.

“I struggle to see your client has much to complain about given his history,” he said.

Hearing this, Kendell abandoned the appeal.

Kendell is eligible for parole in two months.

UPDATE, 2PM January 19

Benjamin Kendell has been sentenced to 15 months’ jail with a non-parole period of nine months.

Magistrate Andrew Capell on Thursday afternoon told Kendell, who was also being re-sentenced on a breach of community corrections order (CCO) in addition to a number of charges he pleaded guilty to, he was not going to like what he was about to be told.

“You just thumbed your nose at (the CCO),” Mr Capell told Kendell.

“You made a promise when you signed the order … If people treat court orders with contempt, our judicial system fails.”

Mr Capell said while he acknowledged Kendell’s list of priors was not extensive, he needed to send a strong message of deterrence to those who breached bail, breached a CCO, possessed guns illegally and took ice.

If Kendell had not pleaded guilty, he would have sentenced the Sebastopol man to 21 months’ jail.

EARLIER | A Sebastopol man who attempted to get away from a house he had just burgled, only to get bogged on the way out, will be sentenced this afternoon.

The Ballarat Magistrates’ Court on Thursday heard Benjamin Kendell and a co-accused broke into a Mitchells Road property at Linton on October 3, leaving with more than $8000 worth of goods including a television, firearms and model trains. 

Kendell, who also stole a car that day, was on bail at the time for matters dating back to June. The offending also breached a community corrections order.

In relation to those June matters, the court heard police found two longarm firearms, four machetes, a cattle prod, crossbow and .22 caliber ammunition at the accused’s Hertford Street address on June 17.

Kendell told police at the time he found one longarm weapon at a farm and the other had been dropped off to him by a friend a few days previous.

Kendell’s lawyer told the court the firearms were not working or stolen, and there were no allegations any had been used in other crimes.

She told the court her client had worked his whole life and it was not until a number of factors which occurred in 2010, which included the murder of Kendell's best friend, which lead to his demise.

"His drug use escalated to deal with it," she told the court.

"Unfortunately he goes downhill and ends up in custody."

She added the 108 days on remand had been a wake-up call for Kendell who now wants to get a job and go back to living a law-abiding life.

With time to reflect in custody, she said Kendell was now willing to complete the community corrections order.

Magistrate Andrew Capell said the residential burglary, stolen guns and stolen car were aggravating elements.

He had Kendell reassessed for a CCO and will sentence him this afternoon.