AN 18-year-old Ballarat man who stabbed another man in broad daylight at a busy shopping strip will spend the next 17 months in youth detention.
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Magistrate Michelle Hodgson on Wednesday sentenced Tyson Loughnane, who had already spent 41 days in custody, to 18 months in youth detention over the 10 charges he pleaded guilty to in Ballarat Magistrates Court the previous day.
Ms Hodgson told Loughnane, who was found suitable for a youth training centre, he was fortunate the stabbing didn’t result in the death of the victim and that his matter wasn’t then heard in the county or supreme court.
You will spend your 19th birthday in custody.
- Magistrate Michelle Hodgson.
She said it was a “sad reality in this community” weapons were carried by some groups of people.
Ms Hodgson went on to describe Loughnane’s dependence on methamphetamine at the time of offending as a “chaotic lifestyle” where theft and violence was a common occurrence.
“Somewhere in your short life something has gone wrong,” she said.
She told Loughnane “that is not the real world” and people are entitled to walk freely without fear of being hurt.
Ms Hodgson said she found the only appropriate sentence for Loughnane was a period of detention.
“You will spend your 19th birthday in custody,” she said.
“By far, the most serious matter is the stabbing. I saw the video … you ran and escalated the exchange.
“I must send a message … you will be removed from the community if you don’t abide by the rules.”
On Tuesday the court heard the father of one, who pleaded guilty to 10 charges including intentionally causing injury, criminal and willful damage, driving while disqualified and theft of a motor vehicle, had been walking through the Bridge Mall on October 23 when he saw another male and threw his flavoured milk carton at him.
The victim then threw his milk carton at the accused before a “tussle” broke out.
Leading Senior Constable Pepe Brown said Loughnane was seen taking something from his pants before stabbing the victim.
As a result of the stabbing, the victim received multiple puncture wounds to his chest and arms.
The court also heard Loughnane was arrested and bailed on September 2 after stealing a car from a Mount Pleasant driveway.
Leading Senior Constable Brown said Loughnane dumped the car in a nearby street after seeing police and was found shortly after hiding in a bush.
During a police interview Loughnane had said he planned to steal the car to pay off a debt with his drug dealer.
He was also charged after he caused $300 in damages to a Department of Human Services house he was residing in at the time.
Loughnane’s defence lawyer, David Taminika, said his client had been using ice which had intensified at the time of offending.
He said a combination of drugs with many failed attempts to stop using, inappropriate peers and grief issues following the death of his father played a role in his behaviour.
Mr Taminika said Loughnane carried a weapon for self defence after his brother had been stabbed, but conceded his client’s behaviour on October 23 was not in self defence.
He said the effect of custody had been a significant deterrent for his client and urged the magistrate to consider his young age, family support and lack of prior history in violence.
Loughnane broke down during sentencing on Wednesday, blowing his mother a kiss as he was taken into custody.