They have to stick with the Sentencing Guidelines, which are generally written to take into account prison overcrowding - there aren't enough cells.
At the time of arrest, he identified himself as “a free man of the land” and stated that “he did not consent to being arrested for assaulting his own property”.
Shane that he didn't persist with this argument and self-represent in court. Then the judge may have been able to send him down for contempt. FOTLs often make an arse of themselves in court.