A MELBOURNE man who breached a 12-month suspended sentence imposed in 2013 for savagely attacking a 66-year-old Albury grandfather will now be assessed for an intensive corrections order.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Magistrate Greg Grogin issued an arrest warrant for Stuart Robertson, 32, of McKinnon, when he failed to attend Albury Court on Tuesday.
But the warrant was revoked yesterday by Mr Grogin after Robertson attended court with an explanation he was sick the previous day.
Robertson punched his victim before biting him on the neck and ear in a savage attack at a central Albury residence in October 2012.
A piece of ear lobe about five centimetres long by one centimetres wide was severed, causing excruciating pain and significant blood loss.
When police arrived, the victim was barely conscious, covered in blood and moaning in pain after being punched, kicked repeatedly and bitten.
Medical staff were unable to reattach the ear and the victim was left with a permanent disfigurement.
Magistrate Megan Greenwood imposed a suspended sentence on a charge of recklessly causing grievous bodily harm when Robertson was sentenced on August 26, 2013.
But solicitor Dione Garwell explained to Mr Grogin yesterday that Robertson had lasted seven months before being arrested for a drink-driving matter in Victoria.
It was a breach of the order and a call-up was initiated against Robertson.
He attended the Probation and Parole office in Albury on December 4, but did not return for a further appointment.
It was claimed by Robertson that he had been trying to find accommodation in NSW so an intensive corrections order assessment could be done.
“I can give him accommodation now,” Mr Grogin said.
Robertson said he needed an address in NSW before he could be processed by Probation and Parole.
“Do you want me to send you to jail now?” Mr Grogin asked.
“This has been going for such a long time. He does not determine his future. The court does.
“An ICO assessment has been ordered. I am going to make sure that it gets carried out.”
Mr Grogin said this would be Robertson’s last chance to attend for an assessment.
The case was adjourned until February 27 and Mr Grogin directed there be no further adjournments.
He gave Robertson three days to attend the Probation and Parole office.