Man released after victim filmed having arm broken with a hammer

Dalton Espagne, 22, has received an 11-month jail term over his offending last year, part of which was filmed.

But his legal woes continue, with Espgane to return to the Wangaratta Magistrates Court this week over a string of other matters.

He is facing serious charges, including drugs and weapon possession, ammunition possession, driving matters, and other offences.

The 22-year-old and Jye Werkowski had attended the victim's Benalla home on November 11 last year.

Espagne had a crowbar and Werkowski had a hammer, which Werkowski smashed into the victim as he apologised and pleaded with him to stop.

Espagne filmed the incident on the older offender's phone, with the video file found when Werkowski was arrested in Wangaratta on December 6 last year.

A loud cracking sound could be heard on the video as the victim's arm was broken.

He was too scared to report the matter to police.

Espagne was involved in another incident in Benalla on December 21 last year, with the victim of the first attack at the victim's home during the incident.

Espagne and a group of people including Lee Armstrong, and allegedly Espagne's brother and another unknown person, had gone to the victim's house in the early hours of the morning.

One of the four men had a pistol.

The female victim's dog, Milly, was taken by the group and held hostage as the offenders demanded cash.

The dog was later returned when money was transferred.

Judge George Georgiou told the County Court Espagne was a regular drug user, smoking 1.5 grams of ice a day until his arrest, and had continued to use buprenorphine on a near daily basis while in custody.

"It was not made clear to me why you were engaged in such conduct," he said of the offending.

"To the extent you were drug affected does not in any way reduce your moral culpability or provide you with an excuse."

Espagne was also using GHB nearly every day before his arrest.

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"This is your first experience of custody, and although you've continued to use buprenorphine in custody, there have also been some positive aspects," Judge Georgiou noted.

He imposed an 11-month term, which had already been served by Espagne on remand.

He will return to court on Wednesday.

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