Borchelli's butter knife accused could be headed to ARC mental health court

The 31-year-old was likely to get a good chance of doing so, according to Magistrate Megan Aumair, if he took up the option she offered him of having his crimes dealt with by Bendigo's mental health court.

California Gully resident Jayden Epworth appeared via videolink from jail on June 20, where he had spent around 77 days in pre-sentence detention on a series of matters.

On April 3 at around 10.45am, Epworth and a woman had been walking towards View Street and the Bendigo CBD, when he slapped her in the face, according to police.

A witness who was behind them saw Epworth push the woman into a gateway and throw a punch, the court heard, although he didn't see the blow connecting.

The witness then called triple 0 and followed the pair, intervening outside Borchelli Ristorante on View Street.

According to police, Epworth grabbed a butter knife from a table and told the man, "Fuck off ****".

Believing he was in danger, the man ran and hid behind a parked car.

The court heard police received four further calls for assistance during this incident, with the callers saying that Epworth was attacking the woman.

When they apprehended Epworth they saw that his companion had a blood nose, police said.

The woman had refused to give a statement about the incident.

Officers had also recovered the butter knife.

When questioned, Epworth reportedly said: "I slapped her, I gave her a touch up," and had also claimed that the woman had slipped over.

Asked about the man he had threatened with the knife, Epworth admitted to picking up the utensil, but initially denied threatening the Good Samaritan with it.

Epworth was also charged over the theft of tools and alcohol over a nine-week period, and a confrontation with a security guard at Bendigo Marketplace.

He is alleged to have stolen a $239 battery pack from Bunnings at Kangaroo Flat on February 9, a bottle of Bundaberg red from Coles Liquorland on February 20, a bottle of Bundaberg rum from Liquorland on March 8, a Chicane socket set from Autobarn on March 14, and a bottle of Jack Daniels and bottle of Wild Turkey from Liquorland on April 2.

On April 1, according to police, he stole food from Woolworths at Bendigo Marketplace then became aggressive towards a security guard who had come to the parents' room, where he and his companion were heating the food up.

The court heard he threatened to stab the guard and pushed a trolley at him before running off.

He was also charged with bail offences and driving while disqualified.

Ms Aumair said the accused, who had been diagnosed with an intellectual disability, had "cycled in and out of custody for matters of varying seriousness" for the best part of 10 years.

"He's breached corrections orders, he's in and out of jail," she said, noting the accused's father, who was present in court, agreed with her.

"You need some assistance to help you stop this cycle of offending," the magistrate told Epworth, who also agreed.

She considered him "a prime candidate" for the Assessment and Referral Court (ARC), which caters for offenders with serious cognitive issues or mental illness with the aim of addressing their underlying reasons for offending.

Warning Epworth it was a "fairly intensive" process but one that would "give [him] a voice," Ms Aumair offered him the option of being referred to the mental health court.

"I don't think I've seen an individual with more opportunities than Mr Epworth in participating in ARC," the magistrate said.

The accused, given a chance to talk, told the court that given his age and the fact he had children, he was "willing to give anything a go to try and rehabilitate".

"As I said to my lawyer and Dad, I'm 31 now, time to pull the socks up," he said.

"I'm just over being in and out of jail and "wasting my life when I could be out in the community making a better person of myself".

Responding to the magistrate's message that it would be important for his son to have family support, Mr Epworth senior said he would try to help his son "any way I can".

Epworth, who remains in custody, will return to court on July 11.