Richard Cutmore jailed for aggravated break-and-enter at Cossa Street in West Tamworth

Tamworth District Court heard Richard Cutmore broke into the 89-year-old woman's Cossa Street home before dawn, and had stolen a lawn mower and tool box from a shed.

Judge Andrew Coleman sentenced him to three years' imprisonment, with one-year-and-eight-months non-parole.

With time served, the now 24-year-old could be released in August, next year.

Solicitor for the Crown Madeleine Mulvaney argued during a sentencing hearing that the offending was tied to illicit substances Cutmore was taking.

"His offending is linked with a relapse into drug use," she submitted.

She said he had told a specialist who was preparing a report that he had broken into the home "looking for money, money for drugs I was using".

Cutmore was on parole at the time.

Ms Mulvaney said while the break-in was not sophisticated, there was a "degree of calculation", and it was committed inside the victim's home.

Aboriginal Legal Service defence lawyer Lucien Gration detailed traumatic circumstances Cutmore had been exposed to and medical conditions he had, and handed up specialist reports.

Judge Andrew Coleman found special circumstances in the case and the need for Cutmore to have access to long-term support.

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"He does have an unhappy criminal history," he said.

But, he found it was not aggravating, and that Cutmore's background lessened his moral culpability.

He said there was a link between Cutmore's health conditions and the offending, and that his drug use was not his choice.

The court heard Cutmore had opened the elderly woman's side gate early in the morning of May 16, 2021, then cut a hole in her back screen door and unlocked it.

She woke to find him standing at the end of her bed about 6am.

"The victim screamed," Judge Coleman said.

Cutmore fled the house, and dumped the lawnmower and the toolbox he had taken from a shed.

Judge Coleman said the offending hadn't been pre-planned because Cutmore was wearing identifiable clothing at the time and left fingerprints behind.

The victim called police and Cutmore was arrested at his home about 4pm that same day.

Judge Coleman said the sentence had to reflect Cutmore's criminality as well as his subjective circumstances.

Cutmore appeared in court via video link from custody, with a family member in court to support him.

He was sentenced for the aggravated break-and-enter charge, which he had pleaded guilty to, and an offence of stealing from a dwelling house.

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