Justice Richard Refshauge was not mad, he was just disappointed.
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The ACT Supreme Court judge was faced with sentencing Jason Andrew McMahon, 41, in light of the offender's "long and disgraceful" criminal history, a string of broken promises to kick his drug habit and numerous breaches of bail.
McMahon pleaded guilty to charges of burglary, theft, property damage, assault, possessing stolen property and failing to appear at court for offences that dated back to 1997.
He had been bailed to check into rehabilitation on five occasions since but each time he failed to complete the program and then hadn't showed up at court. McMahon had also served time for offences in NSW and Victoria.
Police arrested him in March.
Justice Refshauge said on Monday he would cast aside any feelings of frustration at McMahon's failure to take the opportunities he'd been given and assured the offender there was "no element of malice or spite" in his decision to hand him more jail time.
"Mr McMahon, I am disappointed," he said. "I've given you opportunities; you now have to pay for failing to do that.
"You've got to, finally, at 41, grow up. It's time to take control of your life."
He said the drive he thought McMahon had for drug treatment, his desire to build a relationship with his daughter, and prospect of jail time had "clearly not been sufficient to motivate him to engage in drug rehabilitation, nor to face up to his responsibilities".
Justice Refshauge said it was time to deal with the charges, the first of which were laid after McMahon broke into four Canberra homes and stole items in May 1997.
At one home, McMahon and his co-offender stole a 92-year-old woman's handbag; from another house he stole jewellery worth more than $7000.
He had also hit his former partner on the hand after a fight and then used a knife to carve a hole in the bathroom door after she locked herself inside in 2008.
Justice Refshauge said he faced difficulties in sentencing McMahon for such "stale" offences but noted the offender himself was responsible for much of the 20-year delay.
"He has either simply not returned to court when he should have done, or has committed offences interstate which resulted in imprisonment preventing his return to court."
McMahon's criminal history took in 114 offences recorded in 55 court appearances. He had spent 564 days in custody in the ACT alone.
Justice Refshauge said while McMahon always expressed remorse and motivation, he seemed to have "great problems in delivery".
"I do not find that he makes the promises deceitfully but he just cannot stick to them, sometimes through circumstances beyond his direct control."
The court heard McMahon had struggled to overcome his troubled childhood.
He had a history of heavy drinking and drug use that included cannabis, cocaine and amphetamines. His uncle had started to inject him with heroin when he was 14.
McMahon had stopped taking illicit drugs and was taking medication to help him stop drinking alcohol. He had a partner of five years and wanted to be out of jail to spend Christmas Day with her.
Justice Refshauge sentenced McMahon to four years and three months' imprisonment, to be suspended from December 22 upon entering a three-year good behaviour order.
"I have taken another risk and given you a short period in custody, but there is a long period of the suspended sentence; and if you fall over, then you're likely to spend much if not all of that back in custody - and that will be a big setback for you."
