Kyle Martin Hiscox had spent 277 days in pre-sentence custody, the court heard. Photo: Michelle Kroll.
A man who tried to steal his dog from the pound before attacking a housemate with a hockey stick has escaped full-time imprisonment.
Kyle Martin Hiscox, 35, sought a drug and alcohol treatment order ahead of sentencing in the ACT Supreme Court over 2024 offending.
In handing down her sentence, Acting Justice Rebecca Christensen found only an attack on his housemate qualified for the order, as his drug use was found to have substantially contributed to it.
On 20 January 2024, the then 34-year-old Hiscox broke into the pound to steal his nine-month-old pit bull terrier, named Nova.
Acting Justice Christensen said that he wasn’t driven by a “nefarious intent”, though it risked the safety of other animals and DAS staff.
The dog had been taken to the Domestic Animal Services’ (DAS) facility several days earlier after she was found walking around Canberra.
“The offending was motivated by, and was at its core, behaviour driven by misguided care for his dog irrespective of his substance use,” she said.
At about 11:16 pm, Hiscox broke a deadlock to enter the DAS facility before cutting through steel mesh fencing at Nova’s kennel to release her.
He was arrested the following morning and charged with burglary. When he faced the ACT Magistrates Court, he was granted bail.
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In July 2024, he moved into a share house with several other people while on bail for the earlier offence.
At about 6:40 pm in early August, Hiscox went into the victim’s bedroom and asked where two of his belongings were, carrying a wooden hockey stick.
During the attack, which was described as “particularly frightening” as it happened in the victim’s home, he hit the victim multiple times on his foot, then his head, leg and arm.
“The victim was in a vulnerable position in his own home, and was subject to repeated and persistent attacks,” said Acting Justice Christensen.
Hiscox also shone a light in the victim’s face and threatened him, saying things like, “You ever tell anybody about this and the last thing you’re gonna see is a bright light” and “sit on your bed and be a good boy”.
Finally, he would headbutt the victim before leaving the room.
Before sentencing, Hiscox would tell the author of a court report that he was using GHB while living at the sharehouse, and was “out of [his] mind” at the time of the attack.
The court heard the man was left with bruising and pain, and had a “markedly eroded” ability to trust others. He also no longer lives in the ACT.
After the victim reported the attack to police later that month, Hiscox was arrested.
He refused to give officers the password for a phone, despite being required to do so under a 3LA order.
For the August offending, he faced four charges of assault occasioning actual bodily harm, one charge of making a reckless threat to kill, one charge of common assault and one charge of contravening a 3LA order.
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In sentencing Hiscox, Acting Justice Christensen noted that while the prosecution raised concerns about his past noncompliance with court orders, he appeared to be committed to a new start.
“His parents describe that their son is displaying a level of maturity and a desire to improve his life that is at a different level to his past attempts at rehabilitation,” she said.
“They express that they hope the court will see their son for not just his mistakes but for his potential to overcome them with the proper support.”
The court heard he had started using illicit drugs at 14 years old, and was willing to enter into a residential rehabilitation program.
Hiscox was handed an 18-month sentence, which will be served through the treatment order.
Acting Justice Christensen also discounted the sentences due to the guilty pleas, and the sentences were backdated to account for time served.
