A firearm thief and drug addict who failed to abide by the conditions of a home detention order will spend five months in jail instead.
Hasley James Maynard, 28, was sentenced in January to a 12-month order, a suspended 10-month jail term and 160 hours of community service after repeat burglaries of a Youngtown home.
He stole five firearms from a safe, ammunition, gun bag and a chainsaw in a burglary in October 2018. Six months later he broke into the same Youngtown property and stole six firearms, a safe and tandem trailer.
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"These are serious crimes of dishonesty and theft of firearms requires particularly strong condemnation," acting Justice David Porter said.
One of the conditions of the order was that Maynard must submit to drug testing and undergo treatment for drug addiction.
He said that the home detention order may never have been made if the court had not been told that Maynard ceased use of methylamphetamine three months before sentencing.
Justice Pearce said that Maynard had breached a number of conditions by failing to undertake urinalysis, failing to answer his phone and failing a number of drug tests.
On one occasion Maynard turned up an hour late and claimed he was unable to produce a sample.
He also claimed he had a medical condition that caused him to miss an appointment.
Justice Pearce said the resultant medical certificate showed merely that he had cellulitis - a condition that caused pain and swelling in the foot.
"It was an insufficient explanation for non-compliance and you were remanded in custody that day," Justice Pearce said. He took into account that he performed 60 hours of community service.
Justice Pearce said home detention orders were an alternative to jail which gave a greater opportunity for rehabilitation.
"If there is not strict compliance whole purpose is undermined," he said.
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