A man had not long been released from jail when he smashed up another man's house and threatened to kill him.
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Damian Michael Keane, 30, of no fixed address, pleaded guilty to charges in the Warrnambool Magistrates Court on Thursday, May 23, 2024.
He was sentenced to four months' jail with 51 days pre-sentence detention.
The court was told Keane requested to collect clothing from the victim's address on April 1, 2024.
He called the victim and they argued about Keane previously damaging his home. The victim barricaded himself in his bedroom fearing Keane would go to his house while alcohol affected and violent.
The court heard Keane entered an unlocked sliding door shouting "are you awake you dog c*nt". He broke the bedroom door, entered and they argued.
Keane stood over the victim who was laying on the bed and said "you dog c*nt get out of bed, let's go let's fight" and "next time you won't hear me coming, I'll kill you c*nt".
Keane began smashing the bedroom drawer and cupboard, went to the lounge and kitchen trashing furniture as he went. He threw a beer bottle at the victim's door which broke on impact.
He left the address, and while leaving threw about four beer bottles at the victim's house including at the bedroom window which smashed. He left the house but returned a short time later and continued damaging property.
Keane picked up a child's cot and threw it at a television, smashed photo frames, a bottle of wine and other furniture before again leaving and kicking a trailer, damaging doors.
On April 2 at 10am, he was arrested and taken to the Warrnambool police station where he said he attended the victim's house to collect clothing and ended up drinking alcohol.
Keane said the argument occurred with the victim and that he confronted him in the bedroom. Keane said "I said let's go, let's fight" but denied making threats to kill.
He said when he left he threw up to four stubbies of beer and agreed he damaged windows.
A lawyer for the man said he had been out of custody for about three months before relapsing and committing the offences.
He said Keane had lived a transient lifestyle once released from prison.
Magistrate Simon Guthrie said he understood that presented difficulties but the man had "significant" prior history.
"I understand that being transient has its difficulties ... but when there are court orders in place they're expected to be complied with," he said.
"...you have a terrible history with trying to comply with any court order."
Mr Guthrie said Keane was also "at risk of institutionalisation".
"It seems to me that you get out, things are OK, then you re-offend and you're back where you are," he said.
"That becomes a challenging exercise because ... you should be engaging with services."
