Aaron Allan Nutley, 43, pleaded guilty to intimidation and enter building with intent to commit an indictable offence, for refusing to leave his step-brother's home on Hollingworth Street Port Macquarie, on September 6, 2021.

In his sentencing remarks on Thursday (July 21), Magistrate Greg Grogin said Nutley was intoxicated when he arrived at the residence around 7.50pm. After being pushed off the premises, he re-entered the home and picked up a shard of glass.

He then pointed it at his step-brother and said, "I'm going to kill you".

Nutley was locked out of the residence as his step-brother called police. He was arrested at the scene and charged that night.

"Whether you are sober or drunk, to approach your step-brother with a shard of glass and say 'I'm going to kill you', is totally inexcusable," Magistrate Grogin said.

"Being drunk is a deliberate act. You were told to leave and you were forced to leave once. You re-entered and then when you spoke to police you said, 'I can't believe he dobbed me in, when I get out of here I'll do a proper job and bash the f*** out of him'.

"You don't seem to accept, or you have little responsibility for your actions."

Lawyer Todd Scott, asked the court to take into account Nutley's age and the break in his criminal record since 2013.

Nutley, who twice interrupted Magistrate Grogin during sentencing, is required to comply with a community corrections order for 18 months, with supervision, and complete 250 hours of community service.

"You need to be sent a message by this sentence that this kind of behaviour won't be accepted," Magistrate Grogin said.

"This is on the verge of a jail sentence, but I think at the end of the day it doesn't quite get to that mark."

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