A CARISBROOK man has avoided further time in jail for threatening to stab a man in the neck with a pen over a $500 car payment, but not before a judge described his crime as involving “particular stupidity”.
Daniel Emery, 42, was sentenced in the Bendigo County Court on Thursday to charges of assault and attempted robbery.
Police say Emery attended a house in Carisbrook on February 10 last year to serve out retribution for one of the occupants calling his friend a “pedophile”.
But Emery claims the incident stemmed from the victim failing to sign over ownership of a Holden Commodore to his friend, who had allegedly paid a $500 deposit for the car.
Regardless of the reason, the court heard Emery attempted to fight the victim before holding a pen to his throat and threatening to stab him.
With the pen still held against his neck, the victim was forced to sign over the car to Emery’s friend.
When he could not hand over the keys, Emery drove away in a Holden Statesman.
He was found in Maryborough nine days later and arrested, before spending 71 days in custody.
The court heard Emery was in the Metropolitan Remand Centre in Ravenhall at the time of a major riot, which he described as “terrifying”. He was released on bail on April 29.
Emery was completing a community corrections order at the time of the offence.
Prosecutor David Cordy said police had faced difficulties in forming the case, given the “inconsistent accounts of various classes of witnesses”.
He said 71 days in jail was probably enough.
“The prosecution’s position is that time-served is within the sentencing disposition,” Mr Cordy said.
Judge Frank Gucciardo said Emery’s reaction to the situation was “unacceptable” and it involved “particular stupidity”.
“The use of a threat or force in assaulting someone in that manner, whether it was just verbal or not, is unacceptable,” he said.
“This is adolescent behaviour from a 42-year-old man.”
Emery was convicted and sentenced to 71 days in prison, already served.