THREATENING to kill people and to burn down a house has been described as "out of character" for one man, who persuaded the court from recording a conviction.
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Mathew McCarthy, 49, of Rocket Street, Bathurst pleaded guilty in Bathurst Local Court on April 10, 2024 to a charge of intimidation.
Court documents state McCarthy was at a home in Eglinton in the afternoon on September 22, 2023 when he confronted the victim and grabbed knives.
"Who the f-k told you ... I'm gonna kill them," McCarthy said to the victim about an allegation.
Feeling intimidated, the victim called police moments before McCarthy yelled "I'm going to burn down this house tonight".
Police went to the home and spoke with the victim before McCarthy was told to wait at Bathurst Police Station for an Apprehended Violence Order to be applied for.
After the victim later gave police a statement about the night on September 29, McCarthy was spoken to.
He said he was upset and angry but couldn't recall what he had said.
Sentence
THE incident was put to the court by solicitor Kayana Theobald as "out of character" and "not premeditated" for McCarthy, who had feelings of shame and "embarrassment".
Magistrate Elizabeth Ellis said she was "originally very concerned" about McCarthy's actions but had been persuaded after learning of his "difficulties" at the time.
He was placed on a conditional release order - without conviction - for 12 months.
"You will never see me again, Your Honour," McCarthy said.
