A MAN who stormed a house with the intention to kill another man inside on New Year's Day has been convicted and sentenced to three years' jail.
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Ashmont's Luke John Gannon, 32, appeared in Wagga District Court today after pleading guilty to one count of break and enter to commit a serious indictable offence, namely aggravated intimidation, and two counts of stealing from a person.
Court documents state that Gannon and co-offender Joshua Metz, 34, of Ashmont, turned up at the victim's Wagga house about 11pm on January 1, 2018.
All three men were friends.
Gannon removed the flyscreen of a window and said words to the effect of "get out here and fight", but the victim refused.
Gannon then entered the house before grabbing a kitchen knife and walked towards the victim, who asked Gannon to leave.
Metz waited outside and at one point threw a one-metre chain at the kitchen window, breaking it.
The offenders eventually left, with Gannon taking a mobile phone and a knife from the house, before the victim called police, who arrested both offenders within two days.
In a police interview, Gannon said he intended to kill and that he had to teach the victim "a lesson because if anybody's going to do it, it's the one that loves him".
The offender will require long-term, intensive and extensive supervision in respect of both mental health issues and substance abuse issues.
- Judge Gordon Lerve
In court on Wednesday, Gannon said he went to the victim's house because "there were a couple of people who wanted to fight" Metz.
"I'm upset with Josh for putting me in that situation ... but I was the one who jumped through that window [at the victim's house]," he said.
"I let my father down again, I left my partner down again."
Judge Gordon Lerve said the only appropriate sentence was jail because of the seriousness of the intimidation.
The court heard about Gannon's mental health issues and substance abuse, but Judge Lerve said no causal connection existed between the offending and mental health issues.
However, he said Gannon's mental health history led to findings of significant special circumstances.
"The offender will require long-term, intensive and extensive supervision in respect of both mental health issues and substance abuse issues," he said.
Earlier in the sentencing, the Crown's counsel Alex Dixon said there were aggravating factors, including a weapon and that the offences were in the victim's home.
At a previous hearing in Wagga Local Court, Metz was convicted and sentenced to a community corrections order.
Gannon, whose father supported him in court, will be eligible for parole in September this year.
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