Northern Rivers addict has been put behind bars due to an ‘extremely problematic chance’ of rehab

Just days after he had been let out on parole, the 32-year-old assaulted an acquaintance, and the court heard rehab was not an option. 

Christopher Avakian was sentenced to jail time for his assault of a Ballina man.

A Northern Rivers man who is guilty of assault occasioning in actual bodily harm will face prison time for his crime.

Christopher Avakian, 32, fronted Lismore District Court on Friday for his sentencing over a January 2020 assault.

Court proceedings allege Avakian had fronted the Ballina unit of an acquaintance he had known for eight months where, upon entering, he was told his presence was unwelcome.

Avakian then stood up and “punched the man from behind, jumped on him and continue to punch him a number of times”.

He then stood up and told the victim he would “get a knife from the kitchen to stab him”.

The violence was “unprovoked”, the court heard, and occurred allegedly two days after he had been on parole release for previous crimes.

The court heard Avakian was found guilty in the following District Court proceeding that took place in September 2020, but was yet to be formally sentenced.

Appearing via video link on Thursday, Avakian had told the court he had “been an addict all my life” as part of his evidence on a possible sentence amendment.

The court was tendered a GP diagnosis that Avakian battled with schizophrenia.

“When I’m off my medication, I do go off the rails,” he said.

“I will probably spend the rest of my life (in prison) if I keep doing what I’m doing.”

Avakian praised rehabilitation program Balund-a and its assistance in helping him deal with addiction but the court also heard he was later kicked out of the course when he was alleged to have brought drugs in.

Avakian’s solicitor Vince Boss conceded he would not argue for anything less than a term of imprisonment given Avakian’s extensive history.

On Friday, Judge Jeffrey McLennan agreed despite the “mid-range seriousness” of the crime, Avakian had an “extremely problematic chance” of rehabilitation.

“The fact of the matter is Mr Avakian has tried and failed a number of times to kick his addiction,” he said.

“The level of his commitment, it seems to me, is to be set by ambivalence.”

However, Judge McLennan also acknowledged Avakian’s relative youth.

“One has to note two things, one is that really Mr Avakian is still young and arguably it is too early to abandon him,” he said.

“Secondly, the reality is it often takes a number of attempts at rehabilitation before it is successful.”

Given that, he sentenced Avakian to a head sentence of 16 months imprisonment with a non-parole period of 10 months.

He will be eligible for parole on December 31, 2020.