Man threatened to kill victims and burn house down if they spoke to police

Mar 25, 2022

Guilty plea: A man who assaulted two people during a Kyabram home invasion has faced the County Court. Photo by Getty Images

A man who assaulted a man and a woman during a Kyabram home invasion has escaped a jail term.

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Jai Nathan Moon, 28, of Tongala, pleaded guilty in Shepparton County Court to charges of home invasion and making threats to kill.

He also pleaded guilty to summary charges of two counts of assault and committing an indictable offence while on bail.

Prosecutor Craig McConaghy told the court Moon and two other men had been drinking alcohol on March 20 last year before they went to the Kyabram house of a person they believed to be a paedophile.

Inside the house, Moon punched a man in the face while he was sitting in a chair.

He then raised a guitar in the air as if he was going to hit a woman in the house with it, before putting it down and punching her in the face.

Moon then made threats to kill and burn the house down if the two victims reported the matter to police, Mr McConaghy said.

Defence barrister Emma Strugnell told the court her client had mental health issues including post traumatic stress disorder (PTSD), anxiety disorder and major depressive disorder.

The court also heard about an abusive childhood suffered by Moon that had led to some of his mental health issues.

Ms Strugnell argued the PTSD had a direct causal relationship on Moon’s actions and that it would also make prison more burdensome for him than a general person who was imprisoned.

Judge Elizabeth Gaynor, however, said while she was satisfied Moon did have impaired mental functioning, she did not find that it was causally linked to the offences.

However, Judge Gaynor said the impaired mental functioning would mean Moon would find custody more difficult that a normal prisoner.

In sentencing Moon, Judge Gaynor also spoke of Moon’s “extremely traumatic” childhood, as well as the fact he used to have a drug issue that saw spending $2000 every four days at the peak of his use.

However, she said Moon had turned his life around, was now working and had a stable address to live at.

She said he had given up methamphetamines in 2020, but had substituted alcohol for ice.

Judge Gaynor said the father was “heavily under the influence of alcohol” at the time of the offences, but had since given up alcohol.

Judge Gaynor warned Moon that had he not taken the steps he had to turn his life around she “would not hesitate” to jail him.

However, she was pleased by the work he had done.

“Placing you in jail would be detrimental to you and the community,” she said.

Moon was sentenced to a two-and-a-half year community corrections order that includes 70 hours of community work, as well as treatment and rehabilitation for mental health issues and alcohol and drug abuse.