Albury man gets jail, but able to serve term in the community

Bryce Castle was "belligerent" and "hostile" when officers tried to move him out of the beer garden at the Star Hotel.

His yelled threat of "I'll blow ya f ... ing heads off with a shotgun" was made within the context of him holding a Victorian firearms licence.

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He also owned a Remington .243 rifle and a Winchester .30-30.

Magistrate Miranda Moody said Castle's behaviour was "just completely out of control".

"He's violent and he's an alcoholic, by the look of it, a big drinker," she said on Tuesday.

"I think nothing other than a term in custody is appropriate in the circumstances."

Albury Local Court heard the 27-year-old was subject to an apprehended domestic violence order that prevented him having contact with his partner within 12 hours of drinking alcohol or taking illicit drugs.

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As police tried to remove him from the pub on March 6, about 11pm, he grabbed hold of the woman, who was sitting in the beer garden.

Police had been called by hotel security when he refused directions to leave.

Defence lawyer Jason Hanke said Castle had no intention of drinking, then changed his mind when he joined workmates that evening in Benalla.

They moved on to Wangaratta and eventually found themselves in Albury, where, he said, Castle just happened to come across his partner.

"Quite clearly your honour he's got a problem with alcohol," Mr Hanke said.

"It wasn't a situation where he had planned to be in contact with his partner."

To address his issues, he had completed seven sessions of the men's behavioural change program.

Castle pleaded guilty to contravention of an apprehended violence order, intimidate police, resist police, being an excluded person who re-entered a licensed premises and excluded person fail to leave premises.

He was sentenced to a 12-month intensive corrections order, with counselling conditions, and fined $1000.

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