An "alcoholic" who was ordered to serve his first stint behind bars after his "violent destruction" of a Central West pub has been denied bail.
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Luke Anthony Rye was sentenced in Bathurst Local Court on September 14 to 11 months and seven days behind bars - with a non-parole period of seven months and nine days - after he pleaded guilty to damaging property.
Court documents reveal a heavily intoxicated Rye was escorted from the Blayney Exchange Hotel by the victim and a hotel employee about 11pm on July 8 this year after he refused to leave the location.
The 33-year-old returned to the pub five minutes later and began to verbally abuse the staff from outside of the hotel.
Rye picked up a metal chair from the front of the hotel and threw it into two doors with large window panes. One of the doors was completely shattered and the other had cracked all the way through.
I have little confidence that it [appeal] would change his full term in prison.
- Magistrate Elizabeth Ellis
Police were called as the Searl Road, Cronulla man left the location and walked to the Central Motel on Adelaide Street.
While at the Exchange Hotel, a man told police Rye was in his hotel room where he was later found asleep on the bed.
The court heard police woke Rye and placed him under arrest for malicious damage of the Exchange Hotel. He was taken to Bathurst Police Station in a caged vehicle.
During sentencing, the court heard that Rye - who was attending the Sydney Addictions Recovery as noted by his solicitor, Mr Allen - had a history of alcohol abuse as outlined by the Sentencing Assessment Report (SAR), which revealed Rye started having "weekend binges" at the age of 14.
"It's a serious issue," Mr Allen said.
Rye's history of alcohol abuse, previous charges which were noted in open court - including a guilty plea at Parramatta Local Court in January 2021 to behave offensively in public - and the fact he was on a three-year intensive correction order (ICO) at time for affray and reckless wounding, which was handed down in Blacktown District Court on June 12 in 2020, Magistrate Elizabeth Ellis found no alternative to a term in jail.
"What is a great concern is he [Rye] hasn't taken advantage of the ICO which included supervision in regards to his abuse of alcohol," Magistrate Ellis said.
"He may well have taken some steps for recovery but I have no confidence it's permanent.
" ... I have no other alternative than to sentence you [Rye] to a term in prison."
Rye's solicitor, Mr Allen returned to the courtroom soon after to apply for bail on Rye's behalf, with his sentence appeal listed at Orange District Court for October 7 this year.
"He is a parent and husband with a mortgage. Without his income, his family can't make the repayments," Mr Allen said.
"He's an honest man who has contributed to society."
Magistrate Ellis denied Rye's application for bail.
"It was a violent destruction of property that was fortunately not a person," Magistrate Ellis said.
"I have little confidence that it [appeal] would change his full term in prison."
The court heard Rye paid $1,000 to the Blayney Exchange Hotel owner for repair of the doors.