A Dubbo ice addict who attended his former partner's home and began smashing her new partner's car before threatening him with a pickaxe, has been handed a community-based jail sentence.
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Blake Stephen Riley, 29, was handed a jail sentence in the community and told he "needs to be very strong" after his drug-fuelled attack earlier this year.
In sentencing at Dubbo Local Court on Thursday, defence lawyer Lucien Gration told the court Riley had attended four drug counselling sessions, and his client had told him he had been abstinent from drugs since he was granted Supreme Court bail in April.
However Magistrate Mary Ryan said she was concerned there was no proof of his abstinence other than his word.
"He's an ice addict, I've worked in this industry for 30 years, worked as drug and alcohol counsellor, I know ice is incredibly addictive and incredibly hard to get off.
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"When it takes years to build up an addiction do you think four sessions is going to cut it.
"Who really gets off ice just like that without any real assistance. It's rampant in these community.
"I have no confidence to be honest."
The court heard that a sentencing assessment report found Riley had positive support from family in the Parkes area, and had accepted responsibility for his actions.
Mr Gration said Riley had engaged with a GP and was now on a mental health plan, was working in Parkes as a labourer, and in a new and stable relationship.
"He's realised he needs to turn his life around, and take steps available to him," he said.
However Director of Public Prosecutions solicitor Jarni Simpson highlighted Riley had multiple opportunities to engage with drug treatment programs, given he had been on a conditional release order for other offending, and argued four sessions with a drug counsellor to deal with chronic drug use "is not adequate".
She also asked the court to reject the argument that Riley's relationship created stability, after it was revealed they had been in a relationship for two years, including during this offending.
The incident unfolded about 11pm on January 13 this year when Riley parked his vehicle about two blocks away before walking to his former partner's home.
The woman was in the lounge room with her new partner, when the pair heard a loud bang sound.
The banging continued, when a neighbour saw Riley swinging something at the man's Subaru parked in the driveway.
The vehicle had damage to the front and rear screen window, boot and rear spoiler, court documents said.
The woman heard Riley yelling "F--king get outside, what the f--k are you doing. I'm gonna kill him, who is he?".
Riley continued to bang on the garage door while yelling "I will keep smashing this car until he comes out here".
The woman was terrified to the point she fell to the ground before calling her father, who made his way to the house. She called another friend on FaceTime, and told the man to call triple zero which he did.
The man hid in a small bathroom at the house, while the woman ran to another room. However Riley walked around the house and managed to get inside, when he made his way to the small bathroom where the man was hiding.
Riley attempted to open the bathroom door, but was unable to, and while he tried to use his shoulder to barge open the door, he was unsuccessful.
He began repeatedly shouting "I am going to kill you" while he hacked at the door with a pickaxe several times causing the door to break off its hinges.
The man crouched behind the door while Riley continued to hit the door with the pickaxe. The man managed to stand up, when the woman attempted to restrain Riley by holding onto the back of his shirt. She managed to pull him away from the man and push him against a wall, when Riley said "I don't have a beef with you, it's him".
Police arrived a short time later to find the woman hysterical and distressed inside, while Riley had fled the scene.
Riley's vehicle was found parked 400 metres from the woman's home where officers waited for him to return. While police were waiting they sighted Riley nearby, but he managed to run away and avoid being apprehended.
Officers later searched his vehicle and found 10.6 grams of cannabis leaf and 0.36 grams of methylamphetamine in resealable bags. The driver's seat was also tilted to a 45 degree angle, which the crown argue when occupied was directly looking into the front of the woman's home.
Riley attended the police station the next morning where he was arrested. During an interview with police he admitted to taking the drug ice before attending the woman's home.
In sentencing last Thursday, Magistrate Ryan took into account Riley had family support and had entered into a mental health plan with a GP.
She also took into account Riley had spent 101 days in custody bail refused for these matters.
"You really need to be very strong," she told Riley.
"What worries me is ice is such a dreadful drug.
"When people do become stressed, they turn to drugs."
Riley was convicted and sentenced to a 12-month intensive corrections order - a jail sentence in the community - ordered to abstain from drugs and undergo drug and alcohol counselling and treatment.
He was also handed a 12-month community corrections order and ordered to undertake 200 hours of community service work.