Ascot Vale: Sebastian McNeil sentenced for attack on woman

A magistrate has condemned a man’s “disgraceful and outrageous behaviour” that left an Ascot Vale woman injured following a terrifying attack.

McNeil was sentenced after breaking into a woman’s house while armed with a baseball bat. Stock image. Picture: Brendan Francis

A magistrate has condemned a plumber’s decision to break into a woman’s apartment through an unlocked window before using a baseball bat to smash through a locked bathroom door while she cowered on the other side as a “despicable and cowardly attack”.

Sebastian McNeil, 25, appeared in the Melbourne Magistrates’ Court on Wednesday where he pleaded guilty to unlawful assault, possessing controlled weapons, criminal damage, wilful trespass, drug possession and driving while impaired.

The charges related to a “terrifying” incident that occurred on November 25, 2021.

Prosecutor Bridget Vaughan told the court McNeil began banging on the front door of the first floor Ascot Vale apartment of the victim, who he had known for more than 10 years, while armed with a baseball bat and a large extendible ladder about 4am.

When the victim did not answer he set up his ladder on an adjacent roof, clambered across to the victim’s building and climbed through an unlocked window and landed in her stairwell.

The victim sought refuge behind a locked bathroom door after she heard the thud.

McNeil followed her and began kicking at the door and smashing it with the bat while demanding to know “where his phones and money were”.

The court heard she pressed her weight against the door to “stop the accused getting in” and recognised the male voice as being that of her former “good mate”.

As the timber began to splinter, a large hole formed in the door.

Though the court heard McNeil continued to smash the door with the bat and in doing so hit the victim on the head and shoulder areas about three times.

She crouched down next to the toilet after he broke into the bathroom but maintained that she didn’t know what he was talking about.

In a rage the accused ransacked the bedroom and living room areas – throwing about and smashing items — while the victim maintained she didn’t know what he was talking about.

He escaped out through the same window when she called the police.

Ms Vaughan said the victim received superficial cuts and scratches as well as bruising to her back and shoulders and welts and swelling on her head.

The damage to the building was estimated to be in the range of $20,000.

The accused was arrested during an unrelated traffic incident the next day, when he tested positive for methylamphetamine.

A search of his car found what was later identified as cannabis, methylamphetamine and GHB as well as the baseball bat, an extendible baton, a large hunting knife, two small pocket knives and a meat cleaver.

The court heard McNeil became “emotional and remorseful” when presented with evidence of breaking into the victim’s address and the damage caused during a police interview.

He claimed he had intended to speak with the victim about three mobile phone accounts that were taken out in his name and sent to her address.

In making full admissions, he said he had “been trying to get answers and assistance for about a month” from the authorities and that it had impacted his credit rating and ability to obtain a loan.

The court heard McNeil had a criminal record and had previously been convicted of an armed robbery for which he spent time in prison, as well as assaults.

His lawyer said McNeil’s reason for the offending was that he had “discovered his identity was being used to order phones”.

But Magistrate Rob Stary said that only explained why he went to the house, but not why he would arm himself with a baseball bat to confront someone he had been friends with since high school.

He described the offending as “terrifying” and as a “despicable and cowardly attack”.

“It’s appalling behaviour,” he said. “What you’ve done is disgraceful and outrageous behaviour.”

Though he weighed the risk of further offending if McNeil slipped back into drugs, Mr Stary saw his qualification as a plumber, the support of his family and treatment plans as evidence he could be a “useful member of the community”.

“It would be a regressive step to jail someone making genuine efforts. You’re better off working, paying taxes and doing the right thing and addressing your serious drug addiction,” he told McNeil.

He convicted and fined him $2000 for the drug and driving charges and disqualified his licence for six months.

On the charges of criminal damage and wilful trespass he convicted and sentenced him to 100 days in prison already served.

He also ordered him to complete a community corrections order for 18 months with a condition to complete 200 hours of unpaid community work.