Two years of animosity between two men erupted in violence last January, when one struck the other in the head with a brick.
Subscribe now for unlimited access.
or signup to continue reading
Shaun Edward O'Malley, 30, was on Friday sentenced in the County Court to a two-year community corrections order after pleading guilty to intentionally causing injury and criminal damage in relation to a confrontation in Maryborough last January.
After a disagreement, O'Malley threw a brick through the then-61-year-old victim's front window.
He then forced open the front door and struck the victim to the head with half a brick, causing a laceration that needed nine stitches.
O'Malley was arrested a short time later and told police the victim had thrown a brick at him so he retaliated, although Judge Michael Cahill rejected this claim.
But he denied throwing the brick, hitting the man with a brick or forcing open the front door, and told police he had struck the man with a closed fist.
The court heard O'Malley had prior convictions, but none were for violent offending.
Defence counsel Alan Hands said the January 2018 offences were spontaneous.
He also submitted his client sought help from emergency services immediately afterwards, although prosecutor David Cordy suggested this was an attempt to "get in first" with his side of the story.
Mr Hands said the bail conditions that banned him from Maryborough except for work were punitive, and asked Judge Cahill to not impose imprisonment.
But Mr Cordy said the attack was "a serious assault indeed" and submitted a sentence of both imprisonment and a community corrections order was in range.
Judge Cahill accepted bail had amounted to extra-curial punishment and the guilty plea, while late, had value.
He noted references described O'Malley as reliable and hard-working.
While the attack was not premeditated, Judge Cahill said, it was serious.
But he found a community corrections order satisfied requirements of sentencing.
Under the order, O'Malley must undertake offender risk reduction programs and complete 100 hours of unpaid community work.
Have you signed up to the Bendigo Advertiser's daily newsletter and breaking news emails? You can register below and make sure you are up to date with everything that's happening in central Victoria.
Natalie Croxon
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
