Dennis Allan John Gibbs, 45, was sentenced in Wagga Local Court on Tuesday after pleading guilty to larceny, behaving in an offensive manner in a public place and intimidation with the intent to cause fear of harm.

According to a police statement of facts, Gibbs attended the Turvey Park FoodWorks at 7:45am on April 10.

Staff members watching via security cameras saw Gibbs take a $2 can of Fanta soft drink from a fridge and place it down his pants.

Gibbs then took a bottle of orange juice to the checkout but had no money to pay for it.

A female staff member requested to look in his bag and Gibbs became angry and started yelling and swearing.

Gibbs pointed towards the staff member and said "you are going to make me get my gun out and go on a shooting spree".

Gibbs also said: "It will all be your fault and you will be the first one." A bystander paid for the orange juice as they believed it would get Gibbs out of the store quicker.

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After police arrived they identified Gibbs from security camera footage and he was arrested on April 29 at Wagga Marketplace.

In court on Tuesday, Gibbs's solicitor conceded a full-time custodial sentence due to the seriousness of the intimidation charge was inevitable.

"He is someone who sometimes struggles to fit into society. He is genuinely remorseful." Gibbs's solicitor said.

Magistrate Christopher Halburd said Gibbs had a long record before the court.

"If not for the effects of drugs and alcohol, he would be an extremely pleasant gentleman," Magistrate Halburd said.

Magistrate Halburd said he had to send a message as Gibbs's case was the latest in a string of incidents where people were threatened or assaulted for just doing their job.

Gibbs was given an eight-month non-parole period that will expire on December 28 in order to attend rehab.

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