A man from the Illawarra region has avoided additional time behind bars after a frightening incident at a Hunter Valley hotel on Anzac Day, where he threatened patrons and staff with a weapon.
Anzac Day confrontation at Hunter River Hotel
Jacob Barry Moore, a 28-year-old from Barrack Heights in Shellharbour, faced Maitland Local Court on Wednesday after pleading guilty to a string of charges. The court heard the incident unfolded on Friday, April 25, near the Hunter River Hotel in East Maitland, where Moore had been drinking.
According to agreed police facts presented to the court, Moore drove a vehicle at two victims, striking the gutter. He then grabbed one male victim from behind by the collar, pulling him to the ground before clawing and grabbing at him. The victim managed to escape and ran with his sister towards the hotel for safety.
Weapon threats and police struggle
Moore then drove towards the hotel entrance and yelled a threat at the group, declaring, "you think I'm f-ing around, I've got a bat in the car, and I'm going to come back and f you all up." He subsequently retrieved a hard plastic object with a 60-80cm handle and advanced on the group in an intimidating manner, forcing them to retreat inside and barricade the door.
When police arrived, Moore was still holding the object. Officers drew tasers to gain his compliance. He threw the item down and was initially handcuffed, but then resisted arrest by lowering his weight. It took six officers to wrestle him into a police truck as he used his legs to prevent being taken into custody.
Mental health considered in sentencing
Moore pleaded guilty to multiple charges including three counts of stalk or intimidate, common assault, behaving in an offensive manner, hindering or resisting police, refusing a breath test, and driving while suspended.
His solicitor, Ms Anderson, told the court her client lives with cognitive impairments and mental health issues, including schizophrenia and autism, and receives support from the NDIS. She acknowledged the unprovoked nature of the incident was concerning but said his medication had since been adjusted. An application was made for the charges to be dismissed without conviction on mental health grounds under Section 14.
Police prosecutor Sergeant Gordon opposed the application, citing inconsistencies in Moore's treatment plan. Magistrate Ian Rodgers refused the Section 14 application, stating there was a "fundamental issue with danger to the community" and that the offending warranted a high level of deterrence.
However, taking into account Moore's mental health conditions and the fact he had already spent four months in custody on remand after being refused bail, Magistrate Rodgers sentenced him to a 12-month Community Corrections Order for the assault and stalking offences. He was convicted with no further penalty for the remaining charges and disqualified from driving for six months.
