Jailed, Kirien Forbes stole sentimental watch from elderly woman's house

Orange District Court Judge Graham Turnbull said there would be trauma to the victim who feels less secure in her home, her house was defiled and it was fortunate there was no interaction.

"There's all sorts of trouble that can occur when people are discovered in people's homes," Judge Turnbull said.

Judge Turnbull also noted that Kirien James Forbes, 23, of Bonanza Place, is now free from drugs due to COVID-19 cutting off the supply to jails, and he has a good chance of rehabilitation.

"The only option is to strike while the iron is hot, while he's got spirit and he's got hope in his heart," Judge Turnbull said.

Forbes has been in custody for the past 15 months, seven months of which were solely for the break and enter into the woman's home, and for breaking into and stealing cash from an Ensleigh Avenue cafe.

According to police facts tendered to the court, a 70-year-old woman locked the windows and doors of her home in Orange about 11.30pm on January 12, 2019, before going to bed. However, later in the night she woke up and saw a man walking out of her bedroom.

She laid in her bed and did not move until he left. She then inspected the house and found the toilet window was open and she called the police. Police later found a screwdriver outside the toilet window.

The victim also noticed keys had been moved, there were scratches near a lock to the walk-in robe and drawers in other rooms were open and had been rummaged through.

Three watches valued at $600 were stolen and one of them belonged to the woman's dead husband and held sentimental value.

Outside the house the woman noticed that three sensor lights had been destroyed.

Police found Forbes' DNA on the discarded screwdriver as well as on a chisel that was used in a break and enter at the Endsleigh Avenue cafe overnight on June 14, 2019.

Forbes was arrested on July 22, 2019, and pleaded guilty to both break and enters, the first of which was aggravated by the victim being home.

Forbes was 20 when he committed the crimes to fund his drug habit.

Solicitor Nico Rump said Forbes is of an age when many juvenile offenders stop committing crime and there are reasonable prospects of him being able to stay off the drugs.

Mr Rump and Judge Turnbull also touched on information detailed in background reports alluding to childhood trauma and cognitive issues. Judge Turnbull also ordered further assessment so he can receive treatment.

On Wednesday, Forbes said he had been learning to read and write in jail and he obtained a certificate III in welding as well as undertaking other engineering-type courses so he can get a job when he is released.

"I didn't know how to read and write properly," Forbes said.

He also took part in an and an Aboriginal art program and an Aboriginal men's group so he would be a better father to his children, one of whom was born while he's been in custody.

"It's good learning about my culture and how to put my culture down on [canvas] and how to paint," Forbes said. "I've never touched drugs since I've been in."

However, he admitted that all his friends were drug users so he would need to get a job and make new friends, and Judge Turnbull suggested he leave Orange and apply for work in a rural area.

The court also heard that Forbes' partner and her family were not drug users and they would support him.

"I'm giving you a chance because I think you are putting all of this behind you," Judge Turnbull said.

Judge Turnbull gave Forbes a total jail sentence of three years and one month from August 22, 2019, to September 21, 2022, with a non-parole period of 18 months. Forbes could be eligible to apply to be released on parole on February 21, 2021.