Lance Cook, 38, pleaded guilty in Shepparton Magistrates’ Court to making a threat to kill, three charges of unlawful assault, four charges of theft from a shop, one charge of wilfully trespassing and two charges of committing an indictable offence while on bail.
Lawyer Laurence Waugh told the court he was at his “wits end” for alternatives to a straight jail sentence for Cook, who he said needed 24-hour support and stable accommodation.
He said Cook was homeless but support facilities had refused to take him in due to his criminal history and it could be a two-year wait for public housing to become available.
Mr Waugh said Cook had been diagnosed with schizophrenia, had an intellectual disability and had issues with substance abuse.
The sentencing decision had been delayed by a week after the initial plea, for Magistrate Anne Goldsbrough to investigate local options for Cook and have him assessed for the Court Integrated Services Program.
On February 25, Ms Goldsbrough sentenced Cook with a “heavy heart” to six months in jail, with 128 days already served, calling it an “unhappy set of circumstances”.
Prosecutor Leading Senior Constable Brent O’Grady told the court in August 2021, Cook had stormed up to a person in their front yard carrying a wine bottle and threatening to kill him and his family.
The court heard Cook stole a Samsung Galaxy watch worth $349 from JB Hi-Fi, $175 worth of spirits from Dan Murphy’s and $15.90 worth of lollies from Aldi on separate occasions during 2021 in Shepparton.
Leading Senior Constable O’Grady said Cook was refused entry to Bottle-O Warehouse in Shepparton on April 17, 2021, by an employee who recognised him from previous incidents.
The court heard Cook “shaped up” and yelled verbal abuse to the employee, who punched Cook in the face in self-defence before Cook grabbed a bottle of wine off a shelf and charged towards the employee with it raised above his head.
Cook was also re-sentenced for matters for which he had received a community corrections order.
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