Dylan Bates, of McArthur Street, Fairfield East, but formerly of Orange, was sentenced by magistrate David Day in Orange Local Court.

According to police facts, Bates used the small axe to shatter glass on a front window of a Turner Crescent house while the occupants were inside and yelled “I’m gonna get you”.

The victims ran out the back and Bates hit posts on the front porch with the hatchet.

Bates was arrested and also charged with offensive behaviour when police arrived and found his family, and the victim’s family fighting in the street.

His solicitor John Song said the April 1 offences were Bates’ first charges and he was not a primary participant early in the dispute, when members of his household accused neighbours of stealing their dog.

“These are serious charges but to shed light on the circumstances leading up to the offence, firstly it appears the whole incident arises from miscommunication,” Mr Song said.

MAP: The street where the offence occurred …

He said a neighbour found Bates’ dog in the street but didn’t know who owned it, and after asking around, the dog – which was not microchipped or registered – was taken to a veterinary clinic.

Mr Song said since the offence, Bates had left Orange and was now studying a Certificate II in Racing and working part-time in Sydney.

Mr Day said Bates should receive a custodial sentence but it could be served in the community and shouldn’t be a crushing sentence due to his low risk of re-offending.

Bates was convicted and given a community corrections order with 50 hours of community service for being armed with the hatchet with intent to intimidate.

He was also given a 12-month conditional release order for unlawful entry to the house at Turner Crescent.

He received the same sentence for damaging the window and he was convicted without further penalty for behaving in an offensive manner.