Mark Graham faces nine months in jail for burglary and bashing

Mark Wayne Graham, 55, pleaded guilty in the County Court sitting in Bendigo on May 12 to one charge of aggravated burglary, one charge of causing injury intentionally and also of committing an indictable offence while on bail.

For the first charge he was convicted and sentenced to nine months in prison and for the second he was convicted and sentenced to six months in prison.

These prison sentences will be served concurrently, followed by an 18-month community corrections order on release for committing an indictable offence while on bail.

The court heard that on March 2, 2022, about 12.13am, the accused went to an address on White Road, Timmering, to confront the victim, who he believed was responsible for having him evicted from his property.

Graham, having drunk 18 cans of beer that night, broke a large glass panel in the front door, waking the two occupants, and entered the property.

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On entering the home, he chased the victim around the kitchen and flipped the kitchen table.

Graham then chased the victim into his bedroom and blocked the exit with the same table.

The victim laid down on his bed and covered up with a doona to protect himself before Graham struck him 10 to 12 times with a clenched fist while yelling.

The aunt of the victim, also a resident at the address, grabbed Graham who then left the property.

The court heard the victim had sustained swelling on the left side of his face in the attack but there had been no facial fractures.

At the time of the offending Graham had been on bail for dishonesty related offences.

Graham's lawyer Ms Amy Peek-Lasry said he had complained to the victim about not being able to use the shed on his property.

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He believed the victim told the landlady, despite being asked to not say anything, and Graham was subsequently evicted from the property he had occupied for two years.

She noted the attack involved no weapon, there was no intention to steal and he left immediately after.

While Graham had relevant priors, the last relevant matter had been before the court 18 years ago in 2005.

Judge Pardeep Tiwana said Graham's reaction was "wholly inappropriate", and the matter "could have been resolved by talking calmly and rationally with the landlady".

The court heard Graham has to deal with anger issues and alcohol misuse.

"There was no excuse for your violent and aggressive outburst," Judge Tiwana said.

"Your intoxicated state also provides no excuse."

The judge acknowledged Graham pleaded guilty at the earliest opportunity, expressed "wholly genuine remorse", offered full and frank admissions and despite a relevant prior history, had demonstrated he was capable of living a law-abiding life.

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