A MAN has been sentenced to prison after he "just blew up" at a roadworker on a bobcat doing his job near a roundabout in Tamworth.
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Daniel Benjamin Giglio, 52, fronted Tamworth Local Court earlier this month and was sentenced for two separate matters involving "random members of the public".
Giglio was sentenced to 15 months behind bars in total and will be eligible for parole in July with time served.
The court heard the most serious allegation against Giglio was assault occasioning actual bodily harm, levelled against him after an altercation involving secateurs and a man on a bobcat.
Police facts show Giglio was bickering with the man on the bobcat about 9am on November 3 before he eventually "swung" a pair of secateurs at the victim, causing him to feel threatened.
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When Giglio gave police his version of events, he told them he'd been gardening and had thrown the secateurs away before the fight broke out.
The police facts indicate the pair were yelling at each other when Giglio came towards the victim again - this time unarmed - and punched the man in the eye when they both fell.
The victim managed to restrain Giglio on the ground and shouted "calm the f*** down" repeatedly before getting up and stepping back.
Giglio went inside and the victim called police.
Defence lawyer Peter Schmidt told the court roadworks had been going on for some weeks near Giglio's home and he claimed they had been blocking his driveway.
"On this particular occasion he just lost it," he said.
"He just blew up in that situation Your Honour."
Mr Schmidt submitted Giglio had not used the secateurs as a weapon.
Giglio was further charged with being armed with intent to commit an offence, and staking or intimidating.
He just blew up in that situation Your Honour.
- Defence lawyer Peter Schmidt
His sentence included allegations relating to a separate matter, where Giglio ran towards the front of a car as it exited a shopping complex near the Longyard about 7pm on September 10, alerting the driver and passenger.
When the car pulled over, Giglio said "watch out ... because you are going to get killed" before pulling out a green pocket knife and flicking open the blade.
The occupants became "immediately fearful" and drove away.
When Giglio was arrested a short time later he told officers he may have "inadvertently" produced the knife after a car had driven at him.
He was charged with being armed with intent to commit an offence, stalking or intimidating, and having custody of a knife in a public place.
Mr Schmidt told the court Giglio had been irate and upset that day as he had been searching for his missing elderly mother for hours.
Mr Schmidt submitted continual psychological support would help Giglio immeasurably, but Ms Soars said she wasn't sure about that because he had had that in the past and "things have gone off the rails again".
Ms Soars found special circumstances made and recommended counselling and health treatment upon Giglio's release.
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