A Lake Illawarra man behind bars for stealing cigarettes from a Coniston service station and driving while disqualified has failed in his bid to serve the remainder of his prison sentence in the community.
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Daniel Robert Wisnewski was jailed in the Local Court this year for 15 months, with a non-parole period of 12 months, after pleading guilty to charges of stealing, having a prohibited weapon and driving while disqualified.
The court heard in April Wisnewski made off with two packets of cigarettes from the Westside Petroleum service station when his earlier attempt to purchase them legally failed.
During the incident, Wisnewski produced a knife after one of the shop attendants threatened to call police.
Two weeks later, Wisnewski was pulled over for driving without a licence outside the same service station, prompting a worker, who recognised Wisnewski from the previous incident, to phone detectives and dob him in.
Wisnewski appealed the severity of his sentence in the District Court in Sutherland on Tuesday, with his lawyer, Nerissa Keay, asking the court to consider allowing Wisnewski to serve the remaining months of his prison term under an intensive correction order in the community.
The granting of the order would have seen Wisnewski released from prison immediately, then closely monitored by corrective authorities and required to complete several hours of community service per month.
However, Judge Paul Conlon refused the request, noting Wisnewski's lengthy traffic and criminal record.
He also said Wisnewski had been placed on a suspended prison sentence just two weeks before he committed these crimes.
"He has to understand with his record that every time he comes before the court from now on he can only expect periods of imprisonment," Judge Conlon said.
However, he agreed to reduce the non-parole period by five months to give Wisnewski more time on supervised parole.
He will now be eligible for release on February 21 next year, rather than the original date of June 21.