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Throwing a bottle of wine at someone in a fast food restaurant, along with a shoplifting stint, have guaranteed a man his first full time prison sentence.
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Kyane Davidson, 20, of Currawong Street, South Bathurst, was sentenced to a year behind bars, after he pleaded guilty in Bathurst Local Court on April 26 to common assault, shoplifting and failing to comply with police direction.
According to court documents, Davidson went to McDonald's Bathurst at 1.25am on March 9, 2023 with a bottle of wine when the victim told him he couldn't have it in the restaurant.
"Is it going to be an issue?" Davidson asked the victim, who replied "we can't have alcohol in the store".
Davidson turned to face the victim as his dog ran behind the counter, moments before he threw the wine bottle to the right of the victim, which shattered in the kitchen.
The victim called police as Davidson left.
As officers arrived about 1.50am, they saw a noticeably drunk Davidson standing next to a vehicle in the McDonald's car park before they approached him and asked what happened.
Police went and spoke with the victim about the incident, before they gave Davidson an official move on direction, which he ignored.
"Is your safety on your gun?" Davidson asked police, before he was arrested and taken to Bathurst Police Station, where he was charged.
On a separate occasion, Davidson went to Bernardi's IGA dressed in a green camouflage hoodie and fluro pink hat about 7.15pm on April 12, 2023 where he walked the isles pushing a baby pram.
As he made his way through the store, Davidson took items off the shelves and put them into the pram and hid them underneath what appeared to be a jumper.
Davidson pushed the pram out the front door by going through a checkout, ignoring a female staff member who asked to check under the jumper.
A witness followed Davidson outside to ask to see the pram when he told them to "(expletive) off" as he left with between $80 to $120 worth of stolen items.
Police were called to the supermarket where they watched CCTV footage of Davidson entering and leaving the store with a pram.
Court documents reveal police found and arrested Davidson at a home on Currawong Street in Bathurst about 1.30am on April 13.
He was taken to Bathurst Police Station where he was charged with shoplifting.
Davidson's solicitor, Simone Thackray, told the court during her client's sentencing that Davidson had not been in a good place and clearly had "some issues with alcohol".
"He had broken up with his partner and wasn't dealing with his problems well," Ms Thackray said.
Ms Thackray mentioned to the court Davidson had started drinking alcohol at the age of 15, and had one prior matter of violence on his criminal record.
Magistrate Elizabeth Ellis said it was "regrettable" that Davidson had landed in prison, but explained it was an opportunity to fix problems.
"There are a lot of matters you need to work on. This is your first time [in jail] but hopefully your last," Ms Ellis said.
With a non-parole period of seven months, Davidson will be eligible for release on these matters on November 12, 2023.
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