Tyce Wesley: mentally ill man avoids jail for smashing up Moss Vale Hotel, courthouse

A man has avoided jail after he used glass ashtrays to smash up two centuries-old institutions in Moss Vale. A magistrate noted “powerful subjective circumstances” around mental health.

A man has avoided jail after he drank a bag of goon and used glass ashtrays to smash up two centuries-old institutions in Moss Vale, with a magistrate citing mental illness as a major factor.

Tyce Wesley, 48, appeared in Moss Vale court on Tuesday after pleading guilty to four counts of intentionally damaging property, three counts of larceny, assault, and resisting an officer.

At around 8.40pm on November 22, the fact sheet tendered to the court shows Wesley approached the rear of the 171-year-old Moss Vale Hotel and punched the glass door five times while yelling.

The facts state his right hand went through one of the glass doors, cutting his hand and destroying the door. The neighbouring glass door was also damaged, according to the facts.

Tyce Wesley has avoided jail for stealing glass ashtrays from the Moss Vale Hotel to smash the windows of the hotel and the nearby Moss Vale court house.

When police arrived on scene, the court documents show they arrested Wesley and noted he was very drunk and struggling to walk. Officers noted he had a goon bag in his hand and smelled strongly of liquor.

The former labourer resisted arrested and repeatedly told the police to “f*** off”, according to the facts. He was taken to hospital for treatment of his injuries.

The police facts state Wesley “appears to have a significant dislike” of the historic buildings because he returned a week and a half later to do more damage. At around 5.45pm on December 1, the facts show Wesley stole a $10 glass ashtray from the Moss Vale Hotel and walked to the rear of the nearly 100-year-old Moss Vale Courthouse.

According to the facts, Wesley smashed a window by throwing the ashtray, which was found inside the building later on. He then returned to the nearby Moss Vale Hotel to steal another ashtray, which the facts state he pegged at the window of the court registry.

The documents state he then looked around for another object to throw before grabbing a piece of concrete, which he used to smash a second pane of glass.

Tyce Wesley threw a glass ashtray at the window of the registrar’s office. Picture: Adelaide Lang

Wesley returned to the scene of the crime again the next morning at 10am to throw a glass ashtray at the court registry window, according to the facts. The room was occupied by court staff serving customers at the time, but thankfully the blinds prevented the ashtray from harming anyone.

When the police arrived, the court documents show Wesley rushed at an officer with two glass ashtrays in his hands. He was physically taken down to the footpath to prevent him from doing further damage to the courthouse, according to police.

While Wesley was being assessed at Bowral and District Hospital that afternoon, the facts show he started yelling and spat at a mental health worker.

The court heard he was taken to hospital in relation to a psychotic illness and remained there for a fortnight.

Wesley’s lawyer Michael Doughty told the court his client struggles with “impairment issues and cognitive issues and, to add another layer of complexity, he has a speech impediment.”

He said Wesley, who is living at a Moss Vale motel, didn’t have an issue with anyone at court but rather the establishment itself.

“There’s clearly some mental health issues at work here,” Mr Doughty said.

The rear window of the Moss Vale courthouse, which was shattered with a glass ashtray launched by Tyce Wesley. Picture: Adelaide Lang

Magistrate Mark Douglass said the offending was “surprising” and had caused a lot of inconvenience to the community. However, he told Wesley the reason for the offending was obvious.

“You’re unwell. You committed these offences while you were unwell” he said.

“I know this because you were committed to a mental health facility immediately after and you remained there for two weeks.”

He determined there were “powerful subjective circumstances” and sentenced Wesley to an 18-month community corrections order, during which he will be required to accept mental health assessment and treatment and liaise with the NDIS to assess for long term stable accommodation.