"This was a violent assault in the early hours of the morning," Magistrate O'Brien

A man was convicted and sentenced in Young Local Court on Tuesday to remain in custody until he is eligible for release on November 10.

Nathan Anthony Troy, 44 from Barrack Heights faced several charges after he violently broke into a family member’s home in Cootamundra and attacked two victims on Australia Day earlier this year.

Submissions made to Magistrate Michael O’Brien in court suggested Troy acted out and reacted the way he did after the victim’s locked his daughter inside the Cootamundra residence. Magistrate O’Brien did not believe that was a reason to violently break into a house and assault two victims.

“This happened at 3am in the morning, it is not unusual for people to lock the house at that time of the morning,” Magistrate O’Brien said.

Submissions based on Troy’s ‘unusual’ and ‘out of character behaviour’ were made.

“From what you have told me there is absolutely nothing that would warrant or justify his behaviour,” he said.

“These offences are offences which have occurred during the middle of the night when it is to be expected that the victim’s inside would be asleep.”

Magistrate O’Brien went on to describe the events of the evening before he declared, “people should be entitled to occupy their home and feel safe, not to be confronted by someone.”

Troy continuously tried to speak over both his solicitor and the Magistrate.

“Mr Troy you were eager to say something earlier, what was it?” Magistrate O’Brien asked.

Troy attempted to defend himself blaming one of the victims for the cause of his behaviour.

“We’re here to talk about you.” Magistrate O’Brien interjected. “You are being held to account here, nobody else is on trial.”

The prosecution submitted they held concerns about the lack of remorse Troy was showing over his actions.

“I haven’t heard anything from Mr Troy about remorse, it appears he is victim blaming,” the prosecution said.

Mr Troy continued to maintain that he was not violent and that he did not have a drug or alcohol problem.

“It has occurred in circumstances where the victims were safely ensconsed and asleep in bed, at three am in the early hours of the morning, you have sought to enter the home, the owner of the home has denied you access as is her right,” Magistrate O’Brien said. “It is a serious offence and one for which can only be handled in my view as a custodial sentence.”