Judge Andrew Haesler sentenced Jay Robert McNally to three-and-a-half years in jail after McNally took a knife and hatchet into his neighbours’ homes. Photo: Sang Hyun Cho, Pixabay
A “floridly mentally ill” man armed with a knife and hatchet broke into two of his neighbours’ homes in a South Coast hamlet, a court has heard.
Judge Andrew Haesler sentenced 34-year-old Jay Robert McNally over the terrifying rampage through McNally’s neighbourhood.
The court heard that on 22 January 2024 McNally, who had no previous convictions, was drinking at home, and had consumed methamphetamine a few days before.
He began to hear voices, grabbed a knife and a hatchet from his bedroom, jumped over the fence and went to the neighbour’s home.
McNally gained entry via the unlocked sliding glass door and searched the house, screaming: “Come out, come on out or I’m going to kill you”.
When he could not find her, he hacked at one of the trees in the front yard, before he went to a nearby flat where his sister and her partner lived.
He continued to scream as he searched the flat, however the residents were not home
A neighbour called the police to report the incident.
McNally agreed to speak with police, and told them he was plotting to kill his neighbours because he was “sick”.
He later told police he would have tortured his sister’s partner although he previously had friendly relationships with the neighbours.
The next day McNally was taken to a mental health hospital where he was noted to suffer from acute psychotic features, including auditory hallucinations and delusions.
On 31 January he was discharged from the hospital and immediately arrested.
Ha was charged with two counts of break and enter with the intent to commit a serious indictable offence and has remained in custody ever since.
A doctor’s report tendered to the court said McNally suffered from undiagnosed schizophrenia, however McNally chose to enter guilty pleas to both charges rather than asking to be dealt with under the Mental Health Act.
His sister said she still suffers shock, sadness, anger and confusion.
Both she and her now ex-partner put this matter down as one of the key factors that led to their breakup.
“I live back at home now, which makes me feel uncomfortable and would not feel comfortable or safe if he were to come home,” she said in a victim impact statement.
“I do not trust Jay.
“I mentally and emotionally cannot sit and write any more, the impact on my life has been profound.”
Her former partner spoke of the emotions he felt; starting with confusion and then fear because someone he trusted became violent without warning.
He described the event as the “most difficult and challenging time of [his] life” and believes it will take him “quite some time to get over [it]”. He has spent significant amounts on moving and installing security systems.
The other neighbour also prepared a statement to the court.
She had lived next door for more than 20 years and had welcomed a foster child into her home.
She fears a repetition of the offence, feels unsafe in her home and has spent considerable sums installing security.
“My life has been altered significantly since the incident,” she said.
“I no longer feel completely safe in my home and I have become hypervigilant, especially in relation to my child … further, I am afraid the defendant will return to live next door and if that happens I will be forced to sell my home and move.
“I love my home and should not feel compelled to leave due to the actions of another person.”
Judge Haesler said he took into account McNally’s early guilty pleas and open admissions of his offences, as well as his mental health diagnosis in sentencing.
“A disturbing incident occurred … McNally was floridly mentally ill,” Judge Haesler said.
“Ultimately, community protection is best achieved if a person can be treated and rehabilitated in the community. That entails some risk, but the offender cannot be kept in custody indefinitely.”
He sentenced McNally to an aggregate sentence of imprisonment of three years and six months with a non-parole period of one year and nine months.
McNally may be released on parole as early as October 2025.
Original Article published by Zoe Cartwright on Region Illawarra.
