A homeless alcoholic was given a lifeline by Judge Mark Callaghan in the Queenstown District Court yesterday.
Myles William O'Connor (46), gibstopper, appeared for sentencing on five charges, including the burglary of a Fernhill property between October 10 and 24.
During that period O'Connor consumed 20 bottles of wine he found at the house.
Total reparation sought was $1579.
Judge Callaghan said O'Connor realised the property was vacant and entered it through a window on six separate occasions.
At 10pm on October 24 the property owner returned home to find O'Connor asleep in a bed.
The owner of the property felt unafe there knowing O'Connor had made himself at home and had contemplated selling it.
However, defence counsel Tim Cadogan said it was not a "standard burglary''.
"The gentleman really was homeless. Basically, he'd got himself into a situation where he had nowhere to go.
"He was sleeping rough, saw this house was unoccupied ... went in and made himself at home. It was a cold night ... he needed a roof over his head.
"There was booze there and booze is clearly a problem ... He doesn't recall drinking all of that wine, but I don't think he's going to be in a position to [argue] it.''
O'Connor was also sentenced for his eighth drink-driving offence, driving while disqualified and breaching supervision, all relating to another incident on October 2 when he was stopped by police on Speargrass Flat Rd.
A subsequent breath test gave a reading of 570mcg.
Mr Cadogan said O'Connor's seventh conviction had been entered last year, but his sixth was in 2005.
His previous driving while disqualified charge was also in 2005.
Mr Cadogan said O'Connor had found a suitable address for a home detention sentence, which would enable him to get help, work and begin to pay reparation.
"He's a man who can be saved from his alcoholism and from the way he's been living once he's [in a] home ... and ... hopefully ... into employment.''
From a starting point of two and a-half years imprisonment, Judge Callaghan considered that "perhaps a wee bit high'' when assessing it, lowering it to 18 months' imprisonment, making home detention an option.
"I have serious doubts about your ability to complete that sentence, but you have now got the support of the owner of the house.''
That support may enable O'Connor to complete it "and I hope that you can'', Judge Callaghan said in sentencing him to nine months' home detention.
Special conditions were not to possess or consume alcohol or drugs not prescribed to him; to attend and complete an alcohol and drug programme; and a departmental programme.
On the burglary charge he was also ordered to pay $1579 reparation, for drink-driving he was disqualified for 18 months and for driving while disqualified he was further disqualified for six months, to be served concurrently.
Another month was added to his jail sentence, to be served concurrently, in return for the remittance of $616.43 of fines.
