A Wagga man who pleaded guilty to assaulting his neighbour was warned in court by a magistrate after interrupting a sentence hearing to deny the severity of his offence.
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Nicholas John McIntyre, aged 27, of Tolland, appeared in Wagga Local Court via video link from custody after pleading guilty to one charge of common assault as well as two charges of larceny.
According to an agreed police statement of facts, McIntyre and the assault victim live in the same cul-de-sac and are next door neighbours.
McIntyre has lived at the location for four years and the victim for 10 years and they had met each other on numerous occasions.
At 6.40pm on June 13 last year, McIntyre was having a verbal argument with a female while standing in the road.
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The victim was in his lounge when he heard yelling, walked outside and observed McIntyre standing in his driveway.
The victim yelled at McIntyre to "go away", to which he replied "go inside, you're drunk".
McIntyre banged with his hand on the Colorbond steel sheet fence between their shared front gardens and walked up to victim and held up broom handle to victim's forehead as if it was a rifle.
Magistrate Christopher Halburd was reading these facts to the sentencing hearing when McIntyre interrupted to state the claim he pointed the broom like a rifle was "bullshit".
Magistrate Halburd read on, stating that McIntyre wrapped both hands around the victim's neck and squeezed for 60 seconds.
McIntyre interrupted again and said the squeezing was "only for a second".
Magistrate Halburd told the court he was now reconsidering his earlier position of not imposing a full-time custodian sentence.
McIntyre's solicitor, David Barron, told his client not to talk.
The victim complained of a sore neck but declined the police's offer to call an ambulance.
Mr Barron said there had been no further trouble and "no animosity" between his client and the neighbour.
"Ice (methylamphetamine) is a big problem for him," Mr Barron said of his client.
Magistrate Halburd said he would impose a 10-month intensive corrections order for the "unprovoked attack on a neighbour", noting that McIntyre had pleaded guilty at the first available opportunity.
McIntyre's larceny offences related to stealing a 1-litre bottle of Captain Morgan rum, worth $67 from BWS at Wagga Marketplace Wagga and a $15 watering can from Westside Petroleum in Docker Street earlier this month.
McIntyre was fined $200 for stealing the alcohol bottle and $100 for the watering can.