6 days ago
Man who stole his own dog and attacked housemate receives drug and alcohol treatment order
A 35-year-old Canberra man who stole his own dog from the pound and then violently attacked his housemate with a hockey stick has been sentenced in the ACT Supreme Court.
Kyle Hiscox pleaded guilty to a series of charges including a threat to kill, multiple assaults causing actual bodily harm and burglary after he broke locks and cut the fence to retrieve his dog.
He has been in jail since the assault, and today was given a mixed sentence which included a drug and alcohol treatment order.
The court heard Hiscox's dog, known as Nova, had been found wandering in January last year, before it was taken in by rangers from the pound.
Hiscox was later found to be unsuitable to own a dog, something he told pre-sentence report authors was unfair, because he loved his dog so much.
Acting Justice Rebecca Christensen said his "behaviour was misguided by care for his dog".
She said while not sophisticated, the crime had been premeditated and there was damage to the pound.
Hiscox had been seeking a drug and alcohol treatment order for all his crimes, but Acting Justice Christensen sentenced him to three months for the burglary, which she said he had already served.
He was sentenced to more jail time for a second offence, after he refused to give police access to his phone.
Acting Justice Christensen said neither of the crimes could be said to have been substantially driven by Hiscox's addictions, making him ineligible for a drug and alcohol treatment order.
But she said the violent attack on his housemate did fall within the rules, because Hiscox had been affected by the use of GHB at the time.
Hiscox told pre-sentence report authors he had been "out of his mind" at the time.
He hit the victim several times including on the head, and then held a light in his eyes saying: "You know what I am, don't you? If you ever tell anybody about this the last thing you're gonna see is a bright light like this".
Hiscox then headbutted the victim.
The court heard the victim was left so emotionally scarred he had to leave town.
One report raised concerns Hiscox had minimised his behaviour and not complied with orders before.
But Acting Justice Christensen said she was satisfied that the ten months he had spent in jail had had a deterrent effect on him.
She also noted his own report that he feels he is now further down the track to recovery than he has ever been.
Hiscox has been given an 18-month drug and alcohol treatment order, with a requirement that he spend much of it in a residential rehabilitation centre, while being closely supervised by the court.
As Hiscox was taken away Acting Justice Christensen asked: "Are you ready for this?"
Hiscox chuckled with relief as he replied: "Yes, I'm ready".
