A Dubbo man who told a court he had "...a 70 per cent chance of re-offending or maybe more" after he was given the gift of a reduced sentence will be able to spend Christmas with his family.
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Jay Tyson's rap sheet includes two prior convictions for assaulting police, seven prior convictions for assaulting other community members, two priors for intimidating police and two priors for failing to comply with apprehended violence orders (AVOs).
A Crown Prosecutor outlined Tyson's record in the District Court on Tuesday, when the 39-year-old appeared via audiovisual link to appeal a jail sentence handed down in the local court.
Court documents reveal a magistrate issued Tyson a suspended seven-month jail sentence in July 2018 because of threats he made to a police officer in Lightning Ridge.
"You wait until I see you off duty... I'll stomp on you and your family's heads when I get out," Tyson said to the female officer in 2017.
During the suspended sentence term Tyson was invited to stay at a Dubbo property which he was not legally meant to be at because some people who lived there had an AVO out against him.
Looking at my record I've got a 70 per cent chance of re-offending or maybe more.
- Jay Tyson.
The resident who invited him to stay was out of town with co-residents who had previously been in conflict with Tyson and were unaware he was staying at their house.
They returned early, became aware Tyson was staying there, had a dispute and then Tyson was charged by police with failing to comply with the AVO.
Tyson appeared before Dubbo Local Court in May charged with a string of offences including failing to comply with the AVO and failing to appear in court.
According to court documents Tyson told police "no one can make me go to court... I don't need to attend".
Police described Tyson as a "prolific traffic and domestic violence offender [who has a] blatant disregard for courts and police".
Tyson was sent to jail in May and was due to be released in January 2020.
When you get out you must be squeaky clean.
- Judge John North.
He appealed the severity of the sentence he was given for failing to comply with the AVO.
The District Court heard the AVO breach was minor, Tyson has a stronger support network in the community and good prospects of rehabilitation.
Judge John North upheld the appeal, set aside the jail sentence and imposed a conditional release order which means Tyson will now be eligible for release from jail in November.
"When you get out you must be squeaky clean," Judge North told Tyson.
Tyson said "that's my plan" and the Judge wished him good luck.
"Looking at my record I've got a 70 per cent chance of re-offending or maybe more," Tyson said in court after the judgement was handed down.
