A Yass man who viciously assaulted his victim during a drug-fuelled home invasion to prove himself to friends has six months to go straight, or spend two years behind bars.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
A Canberra judge told Peter Baldini, 21, on Tuesday he would only serve weekend detention if he continues along the path of rehabilitation.
Baldini pleaded guilty in the ACT Supreme Court to aggravated burglary and assault occasioning actual bodily harm over the incident in July, 2012.
The court heard Baldini and two other men went to the Mawson home to steal drugs about 9pm after being goaded to prove themselves.
A co-offender knocked and the trio then stormed the flat when the victim opened the door.
Baldini and a co-offender held the man against a wall, while a third man punched him in the head.
The third man then searched for drugs while Baldini held the victim in headlock and continued the assault.
The trio then fled after taking some prescription medication and cigarettes.
The victim reported to Canberra Hospital with a fractured nose and black eye.
The court heard Baldini had quit drugs eight months ago, but previously used both cannabis and ice daily.
He admitted he was under the influence of drugs at the time of the home invasion.
Prosecutor Amanda Clarke said the incident was a cowardly attack on a victim who had no opportunity to defend himself.
The defence argued Baldini should receive a suspended sentence to give him the opportunity to continue the rehabilitation he started when he quit drugs and found a job.
Justice Richard Refshauge deferred sentence for six months, but imposed strict bail conditions.
Baldini was ordered to accept the supervision of the director-general and engage with drug services to undertake rehabilitation programs.
The judge said if the offender could continue to rehabilitate he would receive a two year jail sentence, to be served as three to six months of weekend detention with the remainder suspended.
“I’m not going to send you to jail now and I won’t send you to jail then if you behave yourself,” Justice Refshauge said.
“Use this opportunity to show me I don’t need to send you to jail.
“If you show me that, I will come to the party and show you substantial leniency.”
But Justice Refshauge warned if he re-offended or took drugs he could spend more than two years in full-time custody.
“You must remember that you are on a tightrope," he said.
“Keep clean, work hard and keep out of trouble."
Baldini will reappear for sentence in May next year.