A Lavington man who inadvertently stabbed himself when he resisted arrest after hiding behind a shower curtain might not get any extra jail time.
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At most, magistrate Rodney Brender said, Luke Anthony Tyrell could get a month, but that term would probably be dated from when he was refused bail back in February.
That though would be served concurrently with an existing sentence imposed on Tyrell in the District Court in 2015.
That five-year, three-month sentence now has Tyrell eligible for parole on October 8.
Tyrell had been out of custody on parole when he was arrested in early February. He was bail refused on February 15.
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Albury Local Court heard how any sentence imposed on Tyrell by Mr Brender could not be cumulative on the higher court's sentence and even if concurrent, could not extend beyond his October release date.
"It means I can't give him a jail sentence."
Mr Brender decided to adjourn the sentencing to Friday to give himself more time to consider his options.
Tyrell, 25, is facing sentence on charges of use offensive weapon to prevent lawful detention, two counts of resist police and another unrelated charge of destroy or damage property.
Mr Brender said that last charge related to Tyrell "smashing a (back car) window in its entirety with a golf club when a child is present".
On being found in the bathroom, one officer noticed Tyrell had a large black knife that he held to his throat then pointed at them as he tried to leave.
He suffered a stab wound under his left armpit as he resisted arrest.
"And (the knife) went, he tells me, one centimetre from his lung," defence solicitor Jane Murray said.
Ms Murray said Tyrell's offending stemmed from when he was 15, when his father died
Tyrell began using alcohol and eventually, methamphetamine and had a "long history of substance abuse".
"He turns to violence as a coping mechanism."
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