Eric Tighe sentenced to jail for Tamworth break-and-enter and contravening ADVO

Tamworth District Court heard Eric Tighe was under a "drug-induced" misunderstanding that there was someone inside the 26-year-old woman's house when he bashed in the door.

The 33-year-old was sentenced to one-year-and-10-months without parole after pleading guilty to charges of aggravated break-and-enter and damaging or destroying property; as well as contravening a domestic AVO.

Charges of resisting arrest; stalking or intimidating; and another count of contravening a domestic AVO were taken into account at sentencing.

Judge Andrew Coleman said Tighe was wielding a wooden implement when he forced his way into the home, though it was never raised towards the victim or used.

"No threats of actual violence towards the victim, but I accept she may have been frightened by the conduct of the offender," he said.

The court heard Tighe had broken court orders by going to the victim's home to use the bathroom in May last year.

He hung around out the front of her home saying that there was someone else in the house.

The victim called triple zero but Tighe had fled by the time police officers arrived, and they couldn't find him at his address either.

Tighe returned to the woman's home later that night demanding to know who was inside.

The court heard he said: "If you don't show me I'm going to kick in the back door."

The door was closed and deadlocked at the time.

Tighe kicked it until it splintered, went into the bedroom, and appeared to be searching for someone.

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The victim called triple zero and Tighe ran after spending about two minutes inside the home.

"It was an actual break by him forcefully kicking the door," Judge Coleman said.

"It was an offence committed for a brief period of time."

Police went to Tighe's East Tamworth address in early June and forced entry.

They found a manhole ajar, after Tighe escaped through the roof and ran across the tiles.

Police gave chase and caught up with him after he climbed over a barbed wire fence.

He was charged with resisting arrest after failing to comply with police directions, and officers were forced to deploy capsicum spray into his face.

Judge Coleman acknowledged Tighe was on bail at the time of the offending.

The court heard Tighe had shown remorse, and that a psychologist had found his offending was generally linked to substance use and mental health.

Judge Coleman said Tighe had lived through difficult circumstances and came from a troubled background.

He acknowledged Tighe had caught COVID-19 in custody and had been subject to periods of isolation, making prison more onerous.

He found special circumstances in the case.

With a discount for his guilty pleas and time already served, Tighe will be eligible for release in March 2024.

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