A Condobolin man who dragged his victim across a floor has been sentenced to 15 months in jail.
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Corey James Herbert (34) of Craft Crescent, Condobolin, appeared before Parkes Local Court from prison via audio video link on Monday, December 2, to answer charges of contravene prohibition or restriction in an apprehended domestic violence order, common assault (domestic violence related), intimidate police officer in execution of duty without causing actual bodily harm, and intentionally or recklessly damage property (domestic violence related) at Condobolin on October 26.
According to police facts tendered in court, despite being placed on a domestic violence order on July 2 - with a condition that Herbert must not approach or be in the company of his victim for at least 12 hours after drinking or taking illicit drugs - police were called to the victim's residence in response to reports of banging and yelling at 5.45pm on October 26.
When officers arrived they found Herbert standing shirtless outside the front door.
His speech was slurred, his movements unbalanced and there was a strong odour of alcohol.
As he approached police he said "look, I've been drinking".
Herbert had a number of grazes and scratches on his skin and told police that he had fallen over.
Officers observed carpet burns on both elbows of Herbert's victim who told them he had dragged her across the floor.
She also stated that he had punched holes in the bedroom door.
Herbert was arrested and placed in the police vehicle where he began punching the prisoner pod.
While en route to Parkes, Herbert began yelling at police so they pulled over to check on him.
As they opened the pod door with the safety chain still attached, he showed police his hands and said "look at my hands... look at all the blood in here" before attempting to force open the door.
Police eventually managed to close the door once Herbert moved his hands and feet away.
At Parkes Police Station, as he was being escorted to a cell, Herbert said "let me go or I will headbutt you".
When placed in the dock he repeatedly said to a senior constable "wait until I see you in the street in Condobolin".
Representing Herbert, solicitor Su Hely told the court her client has absolutely no memory of the matter at all.
"The only memory he has - and it's a strange one - is of dragging his (victim) out of a burning house," she said.
"Of course, the house wasn't burning and the only thing he can think of is that he has gone into some place in his mind - almost into a psychotic state - where he thought the house was burning down and he had to drag his (victim) out.
"I don't have a report to tender saying that he is suffering from PTSD, but he wanted me to make that submission given that he has no memory and given the only thing that keeps flashing is dragging his (victim) out of a house.
"He does instruct me that when he was a young man, the house was on fire and he did actually pull his (victim) out of the house.
"He is not somebody who drinks and gets happy or drinks and wants to fight - he is somebody who drinks and doesn't remember."
Magistrate Philip Stewart said Herbert's record is a poor record indeed
"It is one that affords him little, if any, leniency," he said.
"It would not be appropriate to deal with this offender by way of an intensive correction order.
"Clearly he has had his opportunities in that regard and his prospects of rehabilitation would be considered poor unless he rids himself of alcohol or alcoholism."
Magistrate Stewart sentenced Herbert to 15 months imprisonment with a non-parole period of eight months.
He will be eligible for release on June 25, 2020.
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