A WAGGA man has been sent to jail for stealing a bottle of whisky only two days after being sentenced to a community-based order for previous shoplifting.
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Ashmont's Shane Punch, 44, was set to appear via video link in Wagga Local Court on Tuesday, but he refused to do so.
Court documents state that at 1.18pm on Monday, Punch entered BWS at Wagga Marketplace and went straight to the whisky section.
He grabbed a $97 bottle of Johnnie Walker whisky and put it down his pants.
He then grabbed a second bottle and tried to walk out with both.
A staff member ran in front of him to try to stop him.
She was able to grab one bottle before Punch pushed her and escaped with only the bottle down his pants.
The incident was caught on CCTV, which was given to police.
"The footage is of a very high definition making the accused unmistakable in the footage," court documents state.
Police arrested Punch in Tolland the next day.
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On Tuesday, the court heard that he was sentenced last week to a six-month intensive corrections order after a number of shoplifting incidents earlier in the year.
Defence solicitor David Rofe said the court could jail Punch because his refusal to appear meant he had forfeited his right to delay sentencing.
Mr Rofe said that while the offending was blatant, there should be findings of special circumstances based on Punch's mental health report.
"He does have significant mental health issues, but there doesn't seem to be any salient connections between the offending and mental health," he said.
"But His Honour magistrate [Christopher] Halburd was quite clear that it [the previous sentencing] was his last chance.
"But he's gone out to re-offend."
Magistrate Imad Abdul-Karim said the stealing was aggravated by Punch pushing the staff member.
"It appeared to be a blatant disregard for property rights of the shop," Mr Abdul-Karim said.
"The only appropriate sentence is a custodial sentence."
Punch was given a maximum of eight months' jail with a non-parole period of four months.
He will be eligible for early release in February next year.
Mr Abdul-Karim said there were findings of special circumstances in relation to Punch's mental health and supervision is recommended if released on parole.
The police prosecutor was not heard.
