A magistrate has cut a jail sentence almost in half so a man who threatened to kill his mother with a shotgun can return home for a family Christmas.
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Kade Bartel, 29, was in what his barrister called a “chaotic state” after using drugs on October 21 when he made a phone call from his grandmother’s Kiewa Valley Highway home.
He had a shotgun, but no food or money, and told his mother he would “get there and f---ing shoot you” if she did not pick him up.
When the woman did not show up, Bartel called a taxi and again told her he would carry out the threats.
But she called triple-0 and a large contingent of police showed up instead of a taxi, closing down the street.
The siege finally ended when police called the house phone and negotiated for Bartel to surrender himself without incident.
He told officers there were no firearms in the house, but a search revealed a double-barrel shotgun hidden in a bedroom cupboard and 350 rounds of live ammunition in a backpack.
The serial number was ground off the weapon and police believed it was stolen.
Bartel was already prohibited from holding a firearms licence.
Ten days earlier, Bartel also threatened his mother at her Wodonga home with the shotgun because she would not let him borrow her car.
He then shot the weapon out towards parkland over the rear fence.
Magistrate John O’Callaghan originally told Wodonga Magistrates’ Court he would sentence Bartel to four months in jail if the man pleaded guilty.
He eventually listened to the pleas of barrister Sally Wilson and lowered the sentence to 72 days which, with time already served on remand, would allow him to be released on December 23.
Ms Wilson said Bartel wanted to spend Christmas with his sick grandmother.
“His mother is here and she’s terribly supportive of him, when he’s drug free,” she said.
“It’s no secret he’s had an issue with drugs.
“My client describes himself as the most angelic man when he’s not using.”
A psychological report found Bartel was a high risk of reoffending, but Ms Wilson said he acknowledged he did the wrong thing.
The man will have to complete a two-year community corrections order when released from jail, including treatment for drug and mental health issues.
An intervention order also banned him from being near his mother or her house if he was affected by drugs.
Mr O’Callaghan said although he was being merciful, it was not a “green light” for Bartel to pick up a gun again.
“I will be vicious with you if you let me down, given what I’ve done for you,” he said.
