A judge has warned a man the sentence he received for burglary, possessing methamphetamine and other serious charges was 'benevolent' and 'arguably inadequate'.
Peter Gottlieb, 46, appealed his sentence at the County Court in Ballarat on Wednesday.
He was sentenced to 12 months jail at the Ballarat Magistrates' Court in January for the charges of burglary, possessing methylamphetamine, unlicensed driving, driving an unregistered vehicle, going prepared to steal and failing to answer bail.
Court documents show police caught Gottlieb behind the service counter inside Waldron Heating and Cooling in Ballarat on May 26, 2019.
Police found a bag of methylamphetamine in the pocket of his pants and a number of items belonging to Waldron Heating and Cooling in his possession, with an approximate total value of $2000.
Gottlieb was also found with a hammer, pliers, screwdriver, multi tool and torch in his possession and was wearing gloves at the time of the arrest.
CCTV footage provided to police shows Gottlieb used a tool to jemmy open the front lock, and he walked around the premises placing items in his backpack.
On October 4, 2019, police caught Gottlieb driving an unregistered vehicle without a driver's licence.
This is a hopeless appeal and must fail.Judge Paul Lacava
Defence barrister Martin Kozlowski asked Judge Lacava to consider reducing Gottlieb's length of imprisonment and to implement a community corrections order to give him a 'chance' for treatment.
He said Gottlieb had a significant drug history but had been 'clean' while in custody.
"He has a new partner, they have been in a relationship for nine months. He has good prospects and incentives to stay off drugs and continue on the straight and narrow," Mr Kozlowski said.
"He is 46-years-old, it is about time he realises that."
Judge Lacava said Gottlieb had 'plenty' of opportunities and the sentence imposed was 'benevolent' and 'arguably inadequate'.
"Your client has had 18 prior convictions of burglary," he said.
"His criminal history is some 23 pages and you are submitting I should accept there has been a turning point in your client's life and he should be given another opportunity?
"It is frankly nonsense... This is an appeal without merit."
Judge Lacava said Gottlieb's criminal record showed many community corrections orders had been imposed in the past.
"There comes a point people inflicted by drugs can not keep coming to the courts and asking for community corrections order dispositions," he said.
"In my view, the sentence was arguably light, however I do not propose to increase the sentence... This is a hopeless appeal and must fail."
Giottlieb's sentence of 12 months imprisonment imposed at the Ballarat Magistrates' Court was upheld.
Gottlieb has already served 131 days in prison.
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