A MAN will be released from prison later this week just days after being bashed in custody.
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Charlie Maxwell Foster appeared for sentencing in Armidale District Court on Monday via video link from prison with bruising on his face.
Judge Stephen Hanley was told he was assaulted behind bars on the weekend.
Foster admitted to the aggravated break-and-enter of a shed in Glen Innes last year where he stole a chainsaw.
He was jailed for 15 months on Monday, with the same amount on parole. After time served, he'll be released later this week.
"Make sure you make an effort with probation and parole," Judge Hanley said.
"I have got on a drug treatment program whilst I'm in here ... so I'm trying," Foster replied.
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The court heard Foster and an "unknown co-offender" broke into a shed at a Macquarie Street home through a roller door before dawn in late August last year.
Foster stole a chainsaw while the co-offender stole two firearms that were secreted in the shed.
Witnesses saw the break-in and the old stolen panel van the offenders fled in.
A DNA profile was found at the scene, and police later spotted Foster near the van on September 1 and he was arrested.
Judge Hanley said the stolen chainsaw was recovered by police at Foster's house and the firearms "were stolen by the co-offender" and were not found.
"The person who took the firearms was not this offender," he said in sentencing.
Judge Hanley said the offending was aggravated because Foster was on parole at the time.
He told the court Foster had a "significant criminal history involving matters of violence" which "dis-entitles him to leniency".
He said Foster's record dated back to 2009 and "indicates a continual association with drugs and violence".
Judge Hanley found the "limited programs" on offer for inmates during the COVID pandemic had meant the time behind bars "has been more harsh" and "more onerous" for Foster.
"This type of offending is prevalent in the community ... and has to be denounced," he said in sentencing, warning that Foster was at "risk of being institutionalised".
Medical material on Foster's background was also tendered in court in his defence.
Public defender Stuart Bouveng said his client had offered to plead guilty in the local court to the same charge.
"In essence he wants to return to his partner, return to the community as soon as he can," he told the court.
He was arrested on September 1, 2021, and has been behind bars since.
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