Port tradie Eddie O’Brien, who was stabbed in jail, asks not to go back for new charges

Port Macquarie man who was stabbed in jail will spend time behind bars despite pleading to stay out after he was stabbed during a previous prison stint.

The lawyer for a Port Macquarie tradie has pleaded with a magistrate to keep her client out of prison after he was stabbed while inside for a previous offence.

Eddie O’Brien pleaded guilty in Port Macquarie Local Court on Monday to common assault and destroy/damage property (DV).

He was arrested in February after hitting a woman, who he was once intimate with, in the face and later kicking and denting her car.

On the evening of Tuesday, January 20, O’Brien assaulted the woman after claiming she had hacked his phone.

O’Brien appeared at Port Macquarie Court House this week.

He later appeared at the woman’s home in early February and questioned her about contacting his new girlfriend.

O’Brien attended the victim’s house again on Saturday, February 12, where he got angry, called her a “dog” and kicked the passenger side door of her vehicle, according to agreed facts.

O’Brien’s solicitor, Michelle Macdonald, told Magistrate Georgina Darcy that the offender had experienced “hardship in custody” and should be granted a discounted non-parole period for the offences.

Ms Macdonald said her client felt anxious in prison after he was stabbed while in custody in 2020, and having developed cellulitis while jailed more recently.

The lawyer also argued that O’Brien’s actions, which led to his latest stint behind bars, could be linked to his mental health issues.

“He has ADHD, which makes him prone to impulsivity,” Ms Macdonald said.

The defence went on to say that, despite O’Brien’s three prior convictions, he hadn’t been charged for a domestic violence offence with an intimate partner before.

Ms Macdonald noted that both crimes were on the lower end of seriousness, with the common assault charge not crossing the threshold beyond mid-range and the destroy property charge being only a single kick to the car door.

She also noted O’Brien’s “longstanding issues with drugs”, claiming he was seeking professional counselling before falling off the bandwagon.

“He does have prospects of rehabilitation,” she told the court.

Magistrate Georgina Darcy agreed, saying O’Brien had the potential to “turn over a new leaf”.

“You can do it, but you need to stay away from drugs,” she said.

“Neither of the offences, on their own, are that serious. The problem is your record.

“You obviously have some issues with controlling your reactions in difficult situations, no doubt due to your ADHD.

“But, if you need to go back on medication, that’s what you should do.”

For the common assault charge, Ms Darcy sentenced O’Brien to seven months imprisonment, with a non-parole period of three months.

The sentence was backdated to the date of his arrest – February 16 – meaning O’Brien can apply for parole on May 15.

For the damage property charge, he was convicted and sentenced to a Community Correction Order for 12 months.