Drugged up and bleeding: Man runs amok in unit complex
AN Ipswich man who ran amok while visiting his girlfriend in Hervey Bay has avoided being sent back to jail, despite "terrifying" unit guests.
John Anthony Wagstraff, 38, was sentenced at Ipswich District Court for offences that stemmed from an argument with his girlfriend.
Wagstaff, from Bundamba, pleaded guilty to the attempted unlawful use of a motor vehicle and wilful damage at Urangan on August 18, 2019; enter dwelling with intent by break on August 18; and enter dwelling with intent when armed.
In the Crown prosecution case before Judge Dennis Lynch QC, no agreed facts on sentence were read onto the record by the prosecutor.
Some of the details were later revealed by Judge Lynch in his sentencing remarks.
The prosecutor tendered receipts for property damage, a rental car invoice, and quotes for smash repairs and glass replacement.
Defence barrister Amelie Loode tended a letter from Wagstaff, saying it was "in his own words dictated to his mother Julie" who was in the courtroom with family.
Ms Loode said drugs were an issue for Wagstaff and she suggested a probation order as penalty.
Judge Lynch disclosed a brief outline of agreed facts, saying Wagtsaff had been staying in Hervey Bay with his girlfriend at a unit complex in Urangan.
"You had a fight with her. Your mental health was deteriorating and you recently used dangerous drugs," Judge Lynch said.
"In your drug-affected state you broke into a unit and attempted to steal a car.
"You used a knife to try and hot-wire the car but you were discovered by the resident.
"You went inside the house, injured yourself with the knife and bled when "running around and trying to get out".
"You got into a second unit and bled as well.
"You did damage to the car, and damage to the unit."
Judge Lynch said it would have been terrifying for the unit occupant to see Wagstaff with the knife and bleeding everywhere.
He said Wagstaff received a lengthy jail term back in 2016, which on appeal was reduced to 18-months.
In that case, Wagstaff claimed to have been "chasing Pokemon" when caught trespassing at Queensland Police Service Academy in Wacol before breaking into a nearby family home.
"It seems your behaviour is consistent with what occurred when drug-affected on that occasion when you confronted a homeowner," Judge Lynch said.
He said Wagstaff had spent 173 days held in custody on the new charges between August 2019 and February this year.
He said there was also evidence that he was trying to keep away from drugs.
Wagstaff was sentenced to a two-year jail term, with immediate release on parole.
Judge Lynch warned Wagstaff that if he reoffended he would to straight back to jail.
"That's fine your honour," Wagstaff said from the dock.