A burglar who was confronted as he tried to break into a home lied about being a police detective and asked to be let inside for some water.
An ACT Supreme Court judge later said the crime was thwarted through the "good fortune" of the resident being home and refusing to let the wannabe thief inside.
On Thursday, August 13, Daniel Fensom was handed a two-year sentence of imprisonment to be suspended upon him entering into a drug and alcohol treatment order.
Fensom had previously pleaded guilty to charges including aggravated burglary, attempted aggravated burglary, intentionally damaging property, and falsely representing himself as a territory public official.
About 3.30am on July 21, 2025, Fensom, who was on conditional liberty at the time, and another person entered a construction site in Phillip and attempted to find a money box in the site office.
The site manager was alerted to the trespassers via CCTV and notified police. When officers arrived shortly after they chased the co-offender and placed him under arrest.
A few days later, Fensom, who was 26 at the time, attempted to break into a Rivett home using a steel hatchet to prise open the front door.
A man was home with his 11-year-old nephew and when he approached the front door, Fensom falsely said he was a police detective and asked to be let inside for some water.
When the burglar was unable to show identification, the ACT victim threatened to call the police. Fensom then kicked the security door three times before leaving, causing damage.
Later that morning, police found the burglar walking in Rivett. He refused to submit to arrest or follow directions and officers discharged Tasers and capsicum spray which had no effect. He was eventually restrained and arrested.
On Thursday, Justice Verity McWilliam found the construction site break-in was "unsophisticated" and motivated by Fensom's desire to obtain money to feed his drug addiction.
The court determined the Rivett attempted burglary required a degree of planning demonstrated by the use of the hatchet.
"It need hardly be said that interacting with someone who was impersonating a police officer in order to gain access to the victim's premises is at least unsettling," Justice McWilliam said in a published decision.
"Burglary is also viewed seriously because of the obvious risk to personal safety and the indirect impact such conduct has on the feeling of safety in the community."
The court found Fensom had experienced "a significantly unstable and distressing childhood" which reduced his moral culpability and heightened the need for intervention.
"The offender recalled that he would purposely place himself in situations where he expected to be apprehended as custody provided a level of stability, including accommodation and regular meals, to which he did not otherwise have access," Justice McWilliam said.
Fensom suffered from mental health issues and substance abuse disorder, having started using methamphetamine at age 18.
The judge determined his long-term history of incarceration and drug use required the structured supports of a drug and alcohol treatment order "if he is to overcome his drug dependence and reintegrate into the community to live pro-socially".
