A MENTALLY ill Dubbo man has received suspended jail sentences for headbutting a woman and threatening to stab a man with a flick knife.
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The 23-year-old, who cannot be named, pleaded guilty to charges of common assault, malicious damage and using a carriage service to menace, harass and offend when he appeared in Dubbo Local Court.
Prosecution facts tendered to Magistrate Andrew Eckhold said the man moved to Sydney with the woman. They checked into a hostel and he became angry when she was late returning from work.
Police said the man was well affected by vodka and cask wine when he produced a flick knife during an altercation in a street.
He made threats to stab and later trashed a room and shredded a shirt.
When the man returned to Dubbo he harassed the woman with phone calls and Facebook messages.
The court heard the man suffered from a mental illness. He was on anti-depressants and drank alcohol heavily.
Magistrate Eckhold said he had to disregard evidence of injuries caused by the headbutt because the man had not been charged with assault occasioning actual bodily harm.
"The subjective features should have been taken into account by the people who laid the (common assault) charge," the magistrate said.
"They are not doing their job properly. This is something arising from Sydney, not Dubbo, and is a real problem."
The magistrate described the facts tendered to the court as "really serious".
"He is mentally ill but I have to deal with what he did," the magistrate said.
"It deserves jail."
A solicitor said the litany of events put before the court "occurred somewhat bizarrely".
"He continues to be in contact with a community health centre and is seeing a psychiatrist and receiving medication," the solicitor said.
Magistrate Eckhold congratulated the man for completing a drug and alcohol diversion program.
"You have done something about your drinking," the magistrate said.
"I am prepared to suspend the jail sentences."
The man received an 18-month suspended sentence for assault and a seven-month suspended sentence for using a carriage service to harass, menace and offend.
He was placed on an 18-month good behaviour bond for maliciously damaging property.