IMAGINE waking up in the middle of the night to find a complete stranger half naked in your living room.
Well that was the reality for a Gladstone couple, who woke to find a young man sitting on the couch of their living room using one of their cushions to cover his crotch.
Nicholas Roland John Thompson, 25, pleaded guilty in the Gladstone Magistrates Court to two charges including once count of trespassing by entering a dwelling and one count of committing public nuisance in the vicinity of a licensed premise.
The court heard on March 9 at about 1am Thompson entered the residence of a Gladstone couple, of whom he didn't know, nor did they know him.
Police prosecutor Gavin Reece said Thompson entered the main living area of the home, undressed himself, sat down on the lounge chair and used a cushion to cover his crotch.
The home-owners were asleep upstairs along with their children, but awoke to the sound of movement downstairs, the court heard.
When the home owners went downstairs they immediately saw Thompson on their lounge, and told him to leave.
The court heard Thompson told the home owners: "have a go mate" before leaving and walking down the street.
The police located Thompson at the end of the street, barefoot, dazed and dishevelled, Mr Reece said.
At about 2.30am April 2 Thompson, while heavily intoxicated, found himself in an argument with a passer-by on Yarroon St.
The victim and his friend continued on down the street to the Central Lane Hotel, with Thompson in pursuit, the court heard.
Outside the premises Thompson began to swing at the victim, throwing punches at the victim's head and face, however missed both times, the court heard.
The victim fell over onto the ground while walking backwards trying to defend himself, while his friend was also trying to defend him.
Thompson saw it as an opportunity to raise his right knee and stomp it down on the victims head, the court heard.
The police arrived on scene and Thompson was arrested. The victim was taken via ambulance to the hospital with minor head injuries and swelling.
Defence lawyer Mitchell Jamison said at the time his client was struggling with the split from his current partner, and resorted to drinking heavily.
He said his client was a father to two children, worked full-time and despite having a criminal history with a number of like offences, was trying to rehabilitate himself.
Mr Jamison said in relation to the first offence, his client was "simply too drunk to the point of now knowing what he was doing".
"It was raining, my client was wet and cold and looking for shelter," he said.
Gladstone Magistrate Melanie Ho said no matter the circumstance behind it, it was still "very unusual" behaviour, especially with children present in the house.
Mr Reece said in relation to the second offence, despite the physical attack, there were no assault charges laid and the victim did not make a statement.
Ms Ho said while he was only charged in this case with public nuisance, it was very serious behaviour, considering his criminal history of assault and grievous bodily harm charges.
Ms Ho ordered Thompson to serve a dual sentence of two months' imprisonment suspended wholly for 12 months, and a 12-month probation where he will complete alcohol and psychiatric counselling.
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