A magistrate is concerned a Ballarat burglar and thief has not yet secured somewhere to live before he is released from prison.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Benjamin Boyle is expected to be sentenced next Friday for a burglary and string of thefts from shops which occurred across Ballarat from October to March.
Ballarat magistrate Letizia Torres indicated at a plea hearing on Wednesday Boyle would be sentenced to prison, with a release date of mid-September, and then placed on a community corrections order.
But the online court was told the 39-year-old man was homeless and he had not yet secured accommodation but he had been given a sleeping bag from an outreach service.
"Mr Boyle has not said an address where he can live," defence lawyer Jarrod Behan said.
"He can't answer where he would live. He would require some support on his release from custody."
Speaking directly to the magistrate, Boyle said he was on a Department of Health and Human Services emergency housing waiting list and could live at Peplow House if a release date was confirmed.
"I am very concerned about accommodation and the cycle he is in," the magistrate said.
Police prosecutor Senior Constable Sam Young said Boyle's offending started on October 20 when he stole an electric hoist from Ballarat's Bunnings Warehouse to exchange for drugs.
He said Boyle attended Myer Ballarat on February 14 when he selected two remote control cars worth $129 each from the toy department. He walked out of the store without paying for the items, which were in his arms.
Boyle returned to Myer Ballarat on March 23 when he selected a Playstation and walked out of the store without paying. He was captured on CCTV on both occasions,
In other incidents, Boyle stole an iron press from Spotlight in Wendouree and a Lego set from Toyworld Ballarat.
Senior Constable Young said police attended a Latrobe Street business in Delacombe after reports of a man cutting a hole in a fence.
He said police saw Boyle outside the door of the main factory. Boyle told police he just went in to look around and he found a phone on a barrel on the outside of the premises.
The court was told Boyle was remanded in May and he damaged a Ballarat police cell blanket twice by pulling it and using a zipper from his pants.
Boyle's lawyer said his client's offending was relatively unsophisticated.
"He walks into the shop, removes items from the shelf and walks away. The likelihood of him being apprehended is very high. It supported his drug addiction," Mr Behan said.
He said the offence of most significance was the burglary because it occurred at a commercial premises in obtaining money to support his drug addiction.
Boyle was on a community corrections order at the time of the offending but had not engaged with the order because of mental health issues and homelessness, Mr Behan said.
A doctor's report tendered to the court concluded Boyle had a mild intellectual disability, could not live in the community independently and became stressed quickly and reverted back to offending.
Ms Torres said she did not want to order a disability report because she did not want Boyle in custody for another three months waiting for it to be prepared.
The magistrate ordered a community corrections order which will address mental health and give her an idea about placing Boyle in the disability stream.
"I am giving you a big opportunity to consider you for another community corrections order. This cycle needs to stop," Ms Torres said.
Boyle pleaded guilty to 11 charges, including criminal damage, theft and burglary, at the online Ballarat Magistrates' Court.
He will reappear by video link next week.
If you are seeing this message you are a loyal digital subscriber to The Courier, as we made this story available only to subscribers. Thank you very much for your support and allowing us to continue telling Ballarat's story. We appreciate your support of journalism in our great city.