A court has heard of the terror a 72-year-old cancer patient felt when a man broke into his North Wagga home and assaulted him.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Colby James Flack, 25, faced Wagga District Court for sentencing on Friday after he drunkenly broke into the elderly couple’s home in November and threatened to kill their son.
Flack had been drinking at the Black Swan and the Palm and Pawn when he walked to their Hurst Street home with a beer in hand.
The victims were inside watching television when Flack opened the door, entered, and said “Where is your son? I want to kill him”.
He then pushed the woman and grabbed the man, causing him to fall to the floor and injure his knee.
The elderly man said “How dare you have a go at a 72-year-old man with cancer”, got up, and whacked him with his walking stick over the head, neck, and legs until he left.
On Friday, Flack apologised to the elderly couple, who came to court for the hearing after writing two victim impact statements.
Flack said he was now drug and alcohol-free and had managed to stay sober since the incident.
“I’m just really sorry, I had no right to be inside the house and scare them like that, it shouldn’t have happened at all,” he said.
“[I’ve learned] that you don’t have the right to go into anyone else’s house without permission.”
Judge Gordon Lerve then asked him “Are you telling me you had to have this experience to work that out”?
Crown prosecutor Sam Baumgarten pointed out this was Flack’s second time going through the courts on break and enter charges.
“This is a terrifying incident perpetrated on a completely innocent couple in their own home,” Mr Baumgarten said.
“Clearly, he didn’t learn last time that a person’s home is their castle and, fundamentally, that’s one of the most important consideration in our justice system.”
Judge Lerve adjourned the proceedings to get a sentencing assessment report prepared on Flack before he hands down his final decision on December 11.
“Citizens have every right to feel safe in their homes, and citizens have every right to go about their lawful business without fear of people like this offender illegally intruding,” Judge Lerve said.
“If he escapes full-time custody, it will be by the barest of margins, and it will be for the maximum period admissible.”
MORE NEWS FROM THE COURTS:
