A man who watched an aggravated burglary take place and then left the scene as a passenger in a stolen car has spent time in jail for the offending.
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Nicholas Ryan, 29, pleaded guilty at the Ballarat Magistrates' Court on Thursday to one charge of theft of a motor vehicle.
The court heard Ryan was a passenger in a car with friends who drove to a Mount Helen property and was told to wait in the car while three co-accused burgled the house.
It is alleged the three men entered the house, stole the victim's car keys and assaulted the victim while Ryan watched from the car in the driveway.
The court heard Ryan got into the back seat of the victim's vehicle when the co-accused attempted to drive away, leading to a police pursuit.
Ryan spent 36 days in custody after being arrested on December 19, 2019, the day of the offending. He was granted bail on January 3, 2020.
You were on the very doorstep of being involved in stuff that could have cost you more than 36 days.
- Magistrate Ron Saines
Ryan's defence lawyer said his friends had told him they were going to someone's house to 'get some money' and Ryan was not involved in the more serious offending.
"He found himself in a situation where he felt the circumstances around him were out of his control," she said.
The court heard Ryan was diagnosed with mild autism and attention deficit hyperactivity disorder and had the strong support of his grandmother.
The lawyer said Ryan was co-operative with police when he was arrested.
Magistrate Ron Saines convicted and discharged Ryan, meaning he noted the 36 days served as pre-sentence detention and did not impose further penalty.
Ryan was disqualified from driving for one month.
"This is a most serious example of this offence," Mr Saines said.
"It is not merely a taking, it is a taking in the company of others where there was significant illegal activity.
"I accept he is not complicit in the other offences but he is not without knowledge or observation of certain matters at the house or afterwards.
"You were on the very doorstep of being involved in stuff that could have cost you more than 36 days."
The co-accused Michael Dawson, Trewin Gow and Matthew Mcllean will return to court at a later date.
Ryan will return to live with his grandmother in Sunshine.
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