RUMMAGING through a stranger's home while hiding from the rain has put a recidivist offender back behind bars.
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Warren Kenneth Fernando, 57, of Tyndall Street, Kelso was sentenced in Bathurst Local Court on October 5, 2023 after he previously pleaded guilty to:
- Entering a home,
- Having a knife in public, and
- Failing to appear in accordance to bail.
Documents tendered to the court reveal the victim was at his home on Larson Street in West Bathurst just before 7am on April 7, 2023 when he saw a stranger in the lounge room.
The man - later identified as Fernando - was dressed in all black with gloves, rummaging through the victim's belongings.
Police arrived to find Fernando going through a pile of clothes.
Fernando was arrested by police, before he was found with a red Swiss Army knife.
He "rambled" as he told police he went inside the home because the front door was open and he wanted to get out of the rain.
Fernando was then taken to Bathurst Police Station.
On another occasion, Fernando handed himself into police on August 15 after a warrant was issued for his arrest.
Sentence
Solicitor Usman Naveed described Fernando's actions as "clearly opportunistic", with no suggestion of planning or professionalism involved.
Mr Naveed then explained that while his client had similar offences on his criminal record, "he was using 'ice' and cannabis in the lead up".
Magistrate Fiona Toose said while Fernando's behaviour was on the lower end of severity, "at the end of the day, it was somebody else's home".
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"It seems to be a never ending cycle [with you]. You must be sick of getting arrested," Ms Toose said.
"You've got to get a grip."
Fernando was sentenced to 12 months behind bars with a non-parole period of six months.
He will be eligible for release on February 15, 2024.
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