A young offender was taken into custody after a magistrate decided no sentence other than imprisonment was appropriate for a burglary at a house while the victim and his son were sleeping inside.
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Bailey Rule, 21, broke into a Lucas home in the early hours of the morning on April 16, 2021 and stole the victim's keys, wallet and tools valued at $2200.
He carried the items to a car parked in the street outside and returned to steal the victim's Mercedes from the garage at 2.40am.
Rule had been bailed from the Ballarat Police Station on April 15, 2021, the afternoon before the offending.
He wore the same clothes to commit the aggravated burglary as he did at the police station.
A neighbour's CCTV camera footage showed Rule walking to the property from the car after it drove past the victim's house a number of times.
The victim's car was found burnt out in state forest seven hours later at 9.45am.
If he goes back to jail the chances are less likely that he will recover.
- Nicholas Hanos, defence barrister
Rule was arrested for the offending in May.
He faced the Ballarat Magistrates' Court on Friday, where he was taken into custody after Magistrate Ron Saines decided Rule should no longer be on bail.
Rule pleaded guilty to aggravated burglary, car theft, theft and committing offences on bail.
He was also charged with making a threat to kill.
A police summary reveals Rule requested a second blanket from protective service officers when he was arrested in May and threatened the officer when he was refused one.
"You wait until I'm out and I see you on the street. I'll run you over. You and your family. You will all die screaming," Rule said to the officer.
Rule is also charged with breaching two community corrections orders, one that was imposed by the County Court.
The court heard Rule did not complete any hours of unpaid community work and did not report to Corrections Victoria to start the order.
Defence barrister Nicholas Hanos said Rule has been working at a wreckers, doing well and not using drugs.
He said Rule's father had been in and out of jail for many years and he was raised by his grandma, which created an unstable childhood.
"There has been some promise and hope," he said.
"He has steady employment and it may be that he has turned the corner. He tells me he hasn't used hard drugs now for quite some time.
"If he is travelling well at the moment, there is a possibility it might be better to keep him on his path. He is 21, but really he is probably like a child and hasn't had worthwhile life experience.
"If he goes back to jail the chances are less likely that he will recover."
Mr Hanos said Rule was using drugs at the time of the offending and remembered the incident hazily but did not know why he stole the car.
Magistrate Ron Saines said there was no evidence provided to the court that Rule was doing well and not using drugs.
Rule was taken into custody and the case was adjourned for sentencing in February.
"No sentence other than imprisonment is appropriate," Mr Saines said.
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