Magistrate David Day described the actions of a 36-year-old man as "thuggish", when sentencing him in Mudgee Local Court on Tuesday, for incident when he and another man intimidated a stranger into giving them a lift out of town.
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Ashley Michael Bassett of Thomas Clarke Place, Mudgee, was sentenced to an 18-month Intensive Correction Order with a condition that he undertake treatment for - and abstain from - alcohol. For charges of 'Stalk/intimidate intend fear physical etc harm (personal)' and 'Be carried in conveyance taken without consent of owner'.
At around 4am on Sunday, October 28, 2018, the victim got into his vehicle parked in Byron Place, Mudgee, about to drive home after completing work. He was then approached by Bassett and another man, who asked for a lift.
Speaking through the open driver's window, he attempted to refuse by telling the pair - whose large respective statures were noted - that he "just finished work, I'm tired and ready to sleep". Bassett reached into the vehicle, removed the keys from the ignition, and said "give me a lift or I'll punch you".
The co-accused had a mountain-bike with him and as the victim moved a child's seat - to better fit it in the back of the stationwagon - the pair became impatient and started the vehicle.
They demanded to be driven to an address on Putta Bucca Road, further threats were made during this time, and the drive to the outskirts of town unnerved the victim given the lack of lighting at the time of morning. After dropping them off, the victim reported the incident at Mudgee Police Station. Officers attended the Putta Bucca Road address, where they found a number of items that they'd taken from the vehicle when exiting.
Bassett's solicitor, Roland Day, told the court that his client has shown "genuine contrition" for his part in the incident. And pointed to the Sentencing Assessment Report that had been prepared, which noted "stress, drinking and negative associations" as factors.
"He was bullying someone into giving him a lift," he said. "It was a very immature approach." Speaking to his level of intoxication during the incident, he went on to say the defendant "doesn't deny threatening to punch the man, but doesn't recall it".
Although, Magistrate Day said, "the fact that he was intoxicated is absolutely no excuse". And that upon reading the Statement of Agreed Facts, "I couldn't get past the word 'thuggish' - thuggish in the extreme".
"In this case the focus is on the victim, who was just an ordinary person going about his business, and he was stood over," his honour said.
