A DRUG user who got involved in a relationship discussion between people he didn't know and bashed a man with a totem tennis pole has been placed on a two-year corrections order after time in jail.
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Brendan Muskee, 28, of Whitehead Court, Warrnambool, previously pleaded guilty in the Warrnambool Magistrate Court to 12 charges, including recklessly causing serious injury, but the case was adjourned in November last year so a justice plan assessment could be prepared.
Before this week's sentencing he had already served 124 days while remanded in custody.
Magistrate Cynthia Toose heard that accommodation was still an issue and Muskee only has three days of emergency housing organised through the Salvation Army.
Ms Toose told Muskee he would have to be careful when he was released from jail and comply with the directions of Office Of Corrections staff.
Muskee said he would do what was required to get back on track.
The magistrate said Muskee had been held in remand for a significant period of time and extensive medical and personal reports had been prepared on him, which led to a far greater understanding of his background and circumstances.
But, she said Muskee had been involved in a serioius assault.
After taking into account the 124 days he has served in custody, Muskee was released from prison and will be on a community corrections order for the next 24 months.
He has to undergo assessment, treatment, rehabiliation and programs as requested which will include drug testing at a rehabilitation centre.
He also has to comply a justice plan which aims to provide additional supports.
Ms Toose said Muskee had significant prior court appearances but he had recently been diagnosed with suffering a variety of difficulties.
She urged him to take advatage of all the supports that were being put in place.
Police previously said that about 9pm on August 21 two people were discussing their relationship in the presence of a child at an Armstrong Grove park in Warrnambool.
Muskee was abut 50 metres away, he approached the couple and said he was going to knock the man's head off.
He crouched down and then rose rapidly holding a totem tennis pole which he used to strike the victim to the head.
The victim lost consciousness for about 30 seconds and when he came around Muskeee hit him with the pole to the arms, legs and back
Eventually the victim was able to get the pole off Muskee and hit him once to the face, causing a cut to his chin.
The victim suffered facial fractures as well as extensive bruising.
Muskee reported to police he had been assaulted, but the full circumstances eventually became klnown.
The court previously heard Mr Muskee has issues with drugs, leads a transient lifestyle and suffered a acquired brain injury when he was an infant.
He was said to be in a heightened state during the totem tennis pole incident because he thought he was witnessing domestic violence.