Frederick Thomas Duck, 39, of Dalton Street, appeared in court before magistrate David Day via audio visual link because he was serving a jail sentence for his 10th driving while disqualified offence.

"He's trying to do the right thing and ride a bike, unfortunately it wasn't his," Mr Day said.

According to police the bike was locked secured to the bike rack at 5.30am but was left there overnight when the bike's owner had to leave for an emergency.

Police said Duck removed the lock and rode the bike to Robertson Park about 3.10am on February 19 and he was also seen riding the bike at 4.21am in Kite Street before police saw him riding the bike on Bathurst Road at 11.10am.

Police stopped him in Byng Street about a different matter but asked him about the bike and arrested him when he said he "found it" in McNamara Street. 

At the time the bike was not reported as stolen but police tracked down the owner.

Mr Day gave Duck a six-month non-parole period and he could be released from custody on September 20 for stealing the bike.

"I consider you have crossed the custody threshold, this property was locked, it was secured, it was stolen," Mr Day said.

However, he also found special circumstances, particularly a need for community-based rehabilitation.

Solicitor Lucien Gration said the larceny was aggravated because Duck was on an intensive correction order for driving while disqualified at the time.

Duck was initially convicted in his absence on March 11 and he was arrested on a warrant.

He was going to make an annulment application in court on Monday but it did not proceed and he entered a guilty plea.

For failing to appear in court on March 11, Duck was given a 12-month supervised community correction order with a provision for rehabilitation and treatment.