27 June, 2021
Man attacks ex-flatmate in bed, narrowly avoids jail
A 39-YEAR-old Victoria Plains man has narrowly avoided further jail for breaking into a house with an accomplice and repeatedly punching his former housemate in his bed.
Shane Edward Orby was
charged with burglary in company
and assaulting his former house-
mate on June 4, 2020.
The Mackay District Court was
told Orby caused two fractures
to his victim’s nose while he was
wearing a disguise over his face and
his juvenile accomplice kept the
bedroom door closed to stop people
coming in - until the victim lifted
the disguise and he was recognised.
The Police Prosecutor said
Orby had a string of prior assault
charges in Queensland, in New
South Wales and three from the
Australian Federal Police with
resulting prison sentences.
Orby appeared via video link
from Maryborough Prison, where
he publicly apologised to his
partner, who called out from the
back of the District Court that she
Orby’s counsel told Judge
Deardon that his client had been
struggling to overcome alcohol-
ism and an ice addiction. He had
started life with a violent alcoholic
father and following his parents’
divorce, spent his childhood in a
hotel bar with his mother.
However Judge Deardon took
into account that Orby had been in
custody for 10 months and he will
be released on 20 months of parole
on July 6.
Judge Deardon explained that
Orby would be regularly tested for
drugs and would be returned to jail
if there was a positive result.
“You also have numerous tick- ets to work machinery like cranes and backhoes and you would have no difficulty getting a job.”
“It is to your credit that you entered a plea of guilty and acknowledged the very serious nature of your offending, including numerous assaults and 20 breaches of domestic violence orders, plus an assault occasioning bodily harm on your do - mestic partner’s sister when on probation,” the Judge said. \
“If there is one clear thing from your offend
ing, it’s related to your drug and alcohol use and
that’s what you need to deal with and that’s what
you need to be open and honest with yourself and
your parole officer about, and your going to need
to work on.
“You’re approaching 40 now and your already
starting to be one of the older blokes in prison.
“If you want to spend a significant part of
your life in prison and be like the old lags; don’t
change. If you want to be a bloke who uses your
skills which are obvious and you seem to have no
problem getting a job.
“You obviously have a range of skills to get
jobs and you prepared to work regionally, so
blokes like you who are prepared to go and do
road building, can be very easy to employ.
“But you’re only going to do that if you stay off the grog and stay off the drugs and stop commit - ting criminal offences. “In all the circumstances, although I do con - sider these as serious offences, I’m prepared to reduce the penalty as little from what I was initially going to do.
“You’re convicted and sentenced to two and half years. But I declare the period between 23 August 2020 and 21 June 2021, or a total of 303 days, as time served and I set a parole release date of today.”