TWO men who forced their way into a Wagga home and beat a man as he lay curled up on the floor have been jailed.
Joseph Blake Clemson and Tyrone Whitby, both 19, were sentenced in Wagga District Court by Judge Gordon Lerve after pleading guilty to aggravated break and enter and commit serious indictable offence (assault occasioning actual bodily harm).
Agreed facts tendered to the court said the victim suffered a small laceration to his nose, an abrasion on the left side of his face and soreness around his eyes and nose.
The facts said a three-year-old child was in the Tichborne Crescent house in the early hours of December 31 last year when the victim was woken by loud yelling and banging at the front of the property.
After the child’s mother was woken by her partner and ran to get her child, the man retreated to a bedroom.
Clemson climbed through the front window into the loungeroom and jumped over the couch as the toddler began screaming.
After the woman opened the latch on the front door, Whitby pushed the door open from outside and rushed past her, joining Clemson in a search for their target.
He was hiding behind a bedroom door, and when he saw Clemson and Whitby he kicked the door shut, only for his assailants to kick the door off its hinges and then punch the man’s head and face.
“The victim moved into the foetal position to protect his face and ultimately the assault stopped,” the facts said.
Whitby was given a head sentence of two years and six months, with 16 months’ non-parole, dating from August 14.
Clemson was given a head sentence of 33 months, with 18 months’ non-parole, dating from April 27.
Clemson will face Wagga Local Court for sentence on October 31 for an incident at the Gurwood Street taxi rank on Anzac Day.
A man suffered a broken nose, a broken tooth and concussion in the incident.
Clemson was given an intensive correction order last February for breaking the nose of a man in a nightclub attack last year.
He is currently in the Junee Correctional Centre.