A Lavington man who king-hit a complete stranger with a bottle claims jail has sworn him off crime.
Kade Anthony Burt did not start the fight but, defence solicitor Dave Barron said, he “certainly took it to another level”.
That was after Burt, 22, ran at the victim, who had been punched several times by his co-offender, and hit his head with the bottle.
Mr Barron said Burt’s time in Junee jail had been the “worst three months of his life” as he he had “seen things” that had shocked him.
Burt had spent the past month in protective custody, though the reason for that was not spelt out in Albury Local Court.
Magistrate Tony Murray said Burt’s time in jail then was “probably the best thing” to have happened to him.
Mr Murray said he hoped that experience would “act as a salutatory reminder to you in future” to keep out of trouble.
“The unusual part of this offence is there was no justification for it in any way, shape or form,” he said during sentencing.
Mr Barron said Burt’s co-offender received a jail sentence of 14 months with a non-parole period of six months.
But he said that unlike Burt, the co-accused had a lengthy criminal record.
Prosecutor Sergeant Rowen Harris said it was for this reason that police were happy to accept that parity in sentencing did not apply in Burt’s case.
Mr Murray instead convicted and sentenced Burt to 12 months’ jail, with a non-parole period of four months.
With time already served, Burt will be eligible for parole on July 16.
Mr Murray was told in police facts how the victim of the attack rode his motorcycle to a Wagga Road house on March 17 about 11pm.
He was visiting his former partner and their daughter.
Just as the woman stepped outside to greet him while he parked his bike, Burt and his co-offender walked along a nearby driveway.
The co-offender jumped a one-metre high metal fence, grabbed the victim with both his hands and punched him several times.
The woman then watched as Burt also jumped the fence.
Burt then ran up to the victim to hit him over the head with a 750ml glass bottle.
That left the victim with a deep cut that required treatment at Albury hospital.
The victim swore then told Burt’s co-offender “what have I done? I don’t know who you are”, while the woman called out to her daughter “they’re gonna kill your dad”.
The daughter grabbed the co-offender with both hands, pulled him off her father and slammed him into a nearby fence.
Burt told police that his co-offender had told him he wanted to steal the man’s motorcycle.