A MAN who went into a house while the elderly occupant was asleep is free after a nine-month jail sentence was backdated in Dubbo Local Court.
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James Knight, 24, pleaded guilty to a charge of entering a building with intent to commit an indictable offence when he faced Magistrate Malcolm MacPherson via video link from Wellington Correctional Centre.
Documents tendered to the court said Knight went to a neighbour's house on October 7 last year and asked if he could purchase the prescription opioid painkiller Oxycodone, commonly known as hillbilly heroin.
The 72-year-old occupant said he did not have the drug.
Police said Knight returned later in the afternoon when the occupant was asleep on a couch in the front room.
The man challenged Knight when he woke to find him inside the house.
Knight said he was going to ask if the man had any batteries.
The court heard Knight was not suitable for an intensive correctional order which would allow a prison term to be served in the community.
He had a lengthy record but had not been on any bonds or court orders at the time of the offence.
Magistrate MacPherson backdated the jail sentence to October 8 and set a non-parole period of four months and three days.
"That means you will be released today," the magistrate said.
"You will be on supervision until July 7."