Lavington man gets jail for threats, but will serve the sentence at home

Jason Smith continued his pattern of intimidation in the early hours of Saturday and Sunday for a month before his victims had had enough.

"F--- you," Smith yelled out on July 24 at 3.20am.

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"I'm gunna kill yous. Come out here and I'll smash you."

Defence lawyer Dane Keenes submitted to Albury Local Court magistrate Richard Funston that Smith's was a "sad case" featuring "serious mental health issues".

"He has never directly approached the victims in a physical way," he said.

"He certainly has no history of violence towards police."

But Mr Funston said Smith, who appeared via a video link to Junee jail, was all about everything being his neighbours' fault instead of his own.

"He's been threatening people and assaulting people and making threats to kill to people for years," he said.

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Prosecutor Sergeant Andrew Pike said Smith, who the court heard had "an extensive and serious criminal history in Victoria", had definitely crossed the threshold for a jail sentence.

Sergeant Pike pointed to a sentence assessment report that highlighted how Smith did not accept responsibility for his actions.

Mr Funston, too, referred to the report, pointing out that Smith was assessed to be at an "extreme high risk" of reoffending.

"Really, Mr Smith has to stay off alcohol altogether," he said.

Mr Funston then turned to Smith and asked him, given he had been in custody since September 21, whether he felt better now that he had gone dry.

"Yes, I do," Smith replied.

Smith, 50, pleaded guilty to charges including intimidation, assault police and resist police.

The court was told his antics usually took place between 2am and 4am.

In the July incident, a drunken Smith punched one officer twice to the body after officers had to force entry to his unit.

He then resisted efforts to place him under arrest.

Smith was jailed for 14 months, to be served as an intensive corrections order, and fined $800.

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