Gavin Massey jailed over Watson car theft after knuckle tattoos spotted at Weston Creek McDonald's

Gavin Massey, who has "HARD LUCK" tattooed on his knuckles, faced the ACT Magistrates Court for a hearing on his 39th birthday earlier this month.

The Amaroo man pleaded not guilty to charges of burglary, car theft, driving a stolen vehicle and driving without a licence.

Massey argued he was not the person who had nicked an unattended Haval Jolion SUV from a Watson garage on June 29 last year.

But some of the man's distinctive knuckle tattoos were visible on CCTV footage from a Weston Creek McDonald's, where the vehicle was seen in the drive-through on July 1.

Magistrate Glenn Theakston ultimately found Massey guilty of all four offences and, on Tuesday, sentenced him to 13 months in jail.

The backdated term, which includes a nine-month non-parole period, comprises time for Massey's latest crimes and breaches of a previously suspended sentence for receiving stolen property.

Massey's lawyer, Anna Theodore, unsuccessfully attempted on Tuesday to persuade Mr Theakston to immediately suspend any further period of imprisonment.

She said the mid-2021 offending was opportunistic and noted that the stolen vehicle had been recovered and returned to its owner without any damage being done.

Ms Theodore told the court Massey had been using Xanax at the time in question and had no memory of the events.

She said he had been behind bars on remand since his arrest on July 6 last year, since which time he had engaged in drug and alcohol programs and "shown leadership" in jail.

The court heard Massey, who is currently in the Alexander Maconochie Centre with his brothers, had spent most of his adult life in and out of prison.

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Prosecutor Morgan Howe referred to Massey's lengthy criminal history as he argued a further period of full-time imprisonment would be appropriate.

He said Massey had previous convictions for similar crimes, noting his record included seven burglaries and 13 entries for taking, driving or riding in cars without authority.

On the most recent occasion, Mr Howe said, Massey must have been prepared for "the live possibility of a confrontation" with the SUV's owner as he entered the garage to take it.

Mr Theakston ultimately agreed with this, and said Massey's "unfortunate" record was "certainly not a basis to provide leniency".

He commended Massey, however, for taking steps towards rehabilitation by actively engaging in drug and alcohol treatment at Canberra's jail.

The magistrate told Massey he hoped this would pay off upon the 39-year-old's release.

With time already served on remand, Massey will become eligible for parole in March.

Massey was also fined $400 but given no time to pay, which means the monetary penalty will be acquitted by the time he spends in custody.

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