A MAN who yelled and screamed at people outside a primary school has had a long battle with alcohol and was full of "Dutch courage" that day, according to his solicitor.
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Adam Melton, 39, of Piper Street, Bathurst, was sentenced to nine months behind bars after he pleaded guilty in Bathurst Local Court to contravening an apprehended violence order (AVO) and intimidation.
Police documents before the court said Melton was in the back of a friend's car heading past a primary school in Bathurst at about 3.15pm on Valentine's Day this year when he spotted a man who was waiting for someone.
Once his friend parked the vehicle, Melton - who, according to the police documents, had not long finished his 10th drink of bourbon - got out and walked towards the man while yelling: "C'mon, let's fight."
A woman - who is the second victim in the matter - was walking back to a vehicle with a child when Melton turned and began to scream at her.
The woman, fearing she would be assaulted, according to the police documents, placed the child in the back of the car before she got into the front passenger's seat, while the man, the first victim in the matter, was behind the wheel.
The woman went to Bathurst Police Station the following morning to give a statement about the incident.
Officers said they noted Melton was in breach of an AVO by being in the presence of the woman within 12 hours of drinking alcohol.
Melton was arrested about 12pm the same day.
He told police that, while he was at the school at that time, he didn't speak with the woman, but he had a heated argument with the man, according to the police documents.
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Sentence
During sentencing on July 6, 2023, solicitor James Horsburgh said Melton's case revolved around his long-term battle with alcohol, which was first seen by the court in 2004.
"Even then he was directed to get help for his alcohol abuse," Mr Horsburgh said.
"He has been battling alcohol since he was 14. At the highest, he would drink two bottles of bourbon a day.
"He was full of Dutch courage the day of the offence."
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Magistrate Brian van Zuylen said in open court that Melton - who appeared by audio-visual link from jail - had a "poor record for violence" which included numerous AVO breaches.
Mr van Zuylen said that due to the nature of charges on Melton's record, there was no alternative to a term of full-time jail.
"You should be setting a better example than getting drunk and going to prison," Mr van Zuylen said.
Melton was given a non-parole period of four months and 17 days, which was backdated to when his bail was first refused in February.
He was eligible for release on the day of sentencing.
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