A man who smashed his way into his friend’s house and tried to assault him for “no apparent reason” will serve no further jail time, having already spent more than a year in custody.
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Justin Ian Alexander Wilson, 43, pleaded guilty in the Bendigo County Court on Tuesday to aggravated burglary, damaging property, assaulting an on-duty emergency services worker, and committing an indictable offence while on bail.
Prosecutor Damien Maguire told the court Wilson went to the victim’s house in Argus Court, Eaglehawk on the afternoon of November 20 last year and began “screaming and yelling”, and banging on the door.
He punched a hole through the door, reached in and unlocked it.
Wilson threw a number of punches at the victim – his friend – who punched him in response.
Wilson also kicked two holes in the lounge room wall, attempted to kick his friend, and spat blood in his friend’s face.
Wilson was arrested for public drunkenness nearby.
At the police station he complained of a dislocated shoulder and was taken to hospital by ambulance.
On the way, he became agitated and spat in the direction of one of the police officers accompanying him.
Mr Maguire told the court Wilson had entered into bail the morning of that same day for an unrelated offence.
Wilson’s friend delivered a victim impact statement to the court, in which he said he worried about potential lasting health impacts from the blood, and had been forced to move to make his family feel safe at home.
“I lost trust in people because Justin was once a friend and he did this to me, so how could I trust anyone?” the victim said.
Wilson’s defence counsel Eleanor Millar said her client had no memory of the incident, having consumed about half a bottle of vodka beforehand.
There was “no apparent reason” for his actions, she said – Wilson and the victim had been friends for “quite some time” and saw each other almost daily, and there was no history of animosity between them.
Ms Millar said Wilson was diagnosed with an acquired brain injury as a young child as a result of abuse, which was worsened by a later car crash.
The court heard he had fluid on the brain, and also suffered anxiety, depression, borderline personality disorder and paranoid personality disorder. He also had substance abuse issues.
Ms Millar said Wilson saw a psychologist while in custody, who would link him in with services in the community.
While in custody he gained an insight into his offending, she said, and felt “he’s turned a page and has a new attitude”.
Judge Irene Lawson convicted Wilson and sentenced him to 372 days in jail, which he had already served.
“The impact of your offending ought not be underestimated,” Judge Lawson said, adding it had a “profound” impact on the victim.
She noted Wilson now understood his behaviour, which augured well for rehabilitation, and deemed his prospects of rehabilitation as reasonable.
But Judge Lawson said that depended on Wilson abstaining from substances and remaining connected with support services.
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