![The man was sentenced in Tamworth Local Court. File picture The man was sentenced in Tamworth Local Court. File picture](/images/transform/v1/crop/frm/afalkenmire/0e419b1c-c85e-42f7-be22-cde1dfc6b166.jpg/r0_0_4000_2667_w1200_h678_fmax.jpg)
A MAN was allowed to walk from jail after he was sentenced for wielding a bow and arrow and threatening to kill his neighbour's visitor near Tamworth.
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David John Clark was visibly emotional as he was handed a community-based custodial order in Tamworth Local Court.
The 56-year-old had pleaded guilty to charges of using an offensive weapon with the intent to commit an indictable offence, and intimidation.
The court heard he struggled with alcohol use and his health, and may have "felt excluded" from a social gathering at his neighbour's place in Hanging Rock, near Nundle, when he pulled out a bow and arrow on the night of November 12, last year.
Aboriginal Legal Service defence solicitor Nicole Polyakova told the court Clark wanted to make changes.
"He does want to engage in alcohol and drug counselling," she said.
"He's got quite a poor recollection of what happened."
She conceded that the threshold for a custodial sentence had been crossed, but argued for it to be served as an Intensive Corrections Order (ICO) in the community rather than behind bars.
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Police prosecutor Sergeant Rob Baillie told the court the offending was serious, and came against the background of a previous firearm-related incident in Hanging Rock in 2018 that Clark was sentenced for.
He said Clark had a "short but notable" record.
"There were some serious threats made," Sergeant Baillie said.
"I'm simply saying to the court, is community safety satisfied in terms of an ICO?"
Magistrate Julie Soars heard submissions and read over the document detailing the offending, as well as specialist reports.
She asked Clark if he was serious about getting help.
"Yes, Your Honour, I just want to go home," he said.
Ms Soars said Clark was very remorseful, wanted to leave Hanging Rock and live with a family member for a while after leaving custody.
He had been behind bars on the charges for more than three-and-a-half months.
There were some serious threats made.
- Police prosecutor Sergeant Rob Baillie
Ms Soars said a 14-month ICO, with added conditions to accept a referral, and to not drink or be under the influence of alcohol in Hanging Rock, would ensure community safety.
She said she was giving Clark a chance.
"Grab it with both hands," she told him.
The victim was leaving the gathering in his Toyota Hilux just before midnight when he saw Clark crouched near a hedge, armed with a one-metre bow and arrow.
The victim said Clark raised it and told him "I'll f***ing kill you".
Clark walked to the front of the ute and pulled the bow back at full draw, facing the arrow toward the driver's seat.
The victim said he feared for his life so drove forward, knocking Clark to the ground.
Police were called but "due to the violence used by the accused and previous incidents relating to weapons used by the accused in police presence", a tactical response was required. He was arrested without incident.
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