A BUNINYONG man who stole trifling items from businesses three times this year has successfully appealed an eight-month jail sentence in the County Court.
Joseph William Johnson, a former ice user, was sentenced to jail at the Ballarat Magistrates Court in June after he pleaded guilty to stealing from a car, committing an indictable offence while on bail and stealing from a shop on three occasions.
But the 39-year-old man will not spend any more time in jail after he successfully appealed the severity of the sentence in the County Court in Ballarat this week.
Judge Duncan Allen re-sentenced Johnson on Friday to a two-year community corrections order, which includes 200 hours of unpaid community work.
Defence lawyer Scott Belcher said his client committed the offences while affected by drugs, particularly ice.
During the appeal hearing at the County Court on Wednesday, Mr Belcher urged the court to reduce the immediate jail term imposed in the Magistrates Court.
He said Johnson had stable accommodation upon his release from jail and wanted to spend time with his terminally-ill father.
The court was told Johnson stole a car wheel outside a Ballarat house in January, alcohol and chips from Buninyong Foodworks in March and an air pressure regulator from Total Tools Ballarat in June.
On January 27, Johnson used a car jack to steal a wheel from a car parked outside a residential address.
He told police his car tyre punctured and when he saw a similar wheel on the victim’s car, he took it.
The court was told Johnson went to Buninyong Foodworks on March 4 to steal 10 cans of alcohol worth $45. He approached the counter but ran from the store without paying.
Fifteen minutes later Johnson returned to the supermarket where he took a can of Pringles chips and a block of chocolate and left without paying.
The court was told Johnson fled on foot after stealing a $20 air pressure regulator from Total Tools Ballarat on June 12.