A DRINKER given chances to change his ways will fight allegations he smashed up a man’s house after being told a guilty plea would result in a jail term.
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Nathan Day, 34, had considered pleading up to the offence, which occurred at the Ryan Avenue unit in Wangaratta on December 16.
He had asked for a sentence indication in the Wangaratta Magistrates Court, but was told by magistrate Simon Garnett a stint in prison was the only option.
“He’s had his opportunities,” the magistrate said to his lawyer Geoff Clancy.
“It doesn’t leave much.”
The court heard Day and a co-accused attended the victim’s unit while heavily drunk.
Both allegedly made threats to kill towards the man before launching items through his windows.
The victim, who lives by himself with his five cats, was sitting in his lounge room when he heard banging, followed by the items smashing through the glass.
Police allege a tree stump and bricks were thrown.
Day allegedly climbed onto the roof and removed tiles before chucking them at the building.
The victim was struck by some of the projectiles and ran from the property towards Maxwell Street before getting someone to call Triple-0.
Police attended and Day was staggering around with blood on his forearm and forehead.
Day and the victim were both arrested due to their intoxication.
The court heard the 34-year-old had drunk a bottle of Port and told police the victim “hid like a little bitch in his unit”.
When asked why he was involved, Day allegedly said he had retaliated.
Compensation will be sought for the damage.
The co-offender was fined.
Mr Clancy said his client had “a serious alcohol issue”.
Mr Garnett said he had been given a chance to address the problem, but hadn’t.
“He might need a stint in jail to help him,” he said.
Day elected to fight the charges and will return to court on June 13, which will be followed by another hearing in August.
