A “bully” has been sentenced for attacking his victim with a knife in a NSW South Coast home after accusing him of being a “snitch”.
Michael Potts, also known as Michael McFarlane, knew his victim, but “they did not get on”, NSW District Court Judge Andrew Haesler SC said in his decision that was released this week.
In October 2021, someone stole the victim’s phone and used it to access his bank account. The victim went to police when he realised his account had been accessed and was filmed going into a police station by a person connected to Potts.
“That person was captured on CCTV making a withdrawal from an ATM at the same time as a withdrawal was made from the victim’s bank account,” Judge Haesler said.
One of the victim’s relatives later got the phone off Potts.
On 21 October 2022, the victim was smoking marijuana at a friend’s house in Moruya when Potts entered the home, called him a “snitch” and pulled a knife out of his trousers.
The victim tried to flee but became trapped in the laundry and the pair got into a struggle, during which the victim had to use his hand to stop being stabbed.
Potts left and the victim saw a wound on his hand which was so deep he said he couldn’t feel it.
He had to go to Canberra for surgery as he suffered a deep laceration to his upper hand, resulting in a cut tendon that needed to be repaired.
Judge Haesler said Potts used a weapon when the victim was cornered and trying to defend himself.
“There was no justification for Potts’ action,” he said.
“The victim was not bound by any code requiring him to stay silent.
“A perceived slight or fear that someone has reported a crime is no reason to disturb both a home and a neighbourhood at night.”
Judge Haesler said the evidence showed that at the time of the assault, Potts was suffering from the effects of an untreated mental illness.
“I am truly sorry for the pain and suffering that I caused. I understand my apology wouldn’t be enough to rectify my mistake but I’m willing to try,” the father-of-two said in a letter for the court.
However, the prosecutor said the evidence indicated that he had been a “bully” who acted in a violent way against many members of the community.
Judge Haesler said Potts, who is aged in his mid-20s, was diagnosed with schizophrenia, experienced a dysfunctional childhood, had never held a job and had regularly used cannabis, heroin and methylamphetamine.
“‘Ice’ is his drug of choice, and it appears he was using at the time of his offending,” he said.
Potts was found guilty of a charge of entering a dwelling with intent to commit the offence of intimidation in circumstance of aggravation after a Bega District Court trial earlier this year.
On 6 June, he was sentenced to four years’ jail with a non-parole period of two years.
While he has been in custody since November 2022, due to a breach of parole and a separate sentence, he will become eligible to be released from April 2025.
Mr Thaler hey!!!! I wish the remaining councillors all the best and hope your time on Council is not… View