Daniel Potter: Werribee man jailed for assaulting neighbour over pigeon theory appeals sentence

A Melbourne man’s violent assault of his neighbour was triggered over the bizarre belief his pigeons had caused his partner to suffer a stroke, a court has been told.

Werribee man Daniel Potter has appealed his nine-month jail term, imposed last November, with a lawyer telling the Court of Appeal on Wednesday the sentence was “too harsh” and a judge did not take into account the burden prison would pose for Mr Potter.

The court was told the sentencing judge failed to take into account the burden prison would pose on Potter, who was the sole carer for his partner.

Potter was sentenced in the County Court in November to nine months’ jail, followed by an 18-month community corrections order.

He had pleaded guilty to aggravated burglary and assault over the violent incident in December 2021.

During the sentencing, Judge Peter Rozen said Potter, 44, had become convinced his neighbour’s pigeons had caused his wife to have a major stroke.

The court was told at 6pm on December 2, 2021, Potter walked over to his neighbour’s Greaves St property with black zip ties and began banging on the front door while the victim was eating dinner.

As the door was opened, he started throwing punches and clutching the other man’s collar.

During the ordeal Potter was heard yelling: “You’ve killed my missus. You’ve killed my missus.”

The victim managed to escape through the front door.

The court was told Potter told police he believed there was a connection between his wife’s stroke and the pigeons – a belief he later repeated to a psychologist.

“There is no such connection,” Judge Rozen said in his sentencing.

Defence barrister Josephine McColl on Wednesday told the Court of Appeal her client had been “unhappy for months” regarding his neighbour’s possession and flying of pigeons.

She said Potter believed they were “dangerous”.

Ms McColl said Potter had received bad news concerning his partner from an intensive care nurse at the Austin Hospital before the assault took place.

As a result he became responsible for all the cooking, cleaning and the domestic chores.

Ms McColl said the sentencing judge had “misread” Potter’s criminal history, submitting the low-level of the break-in and his state of emotional turmoil at the time were of “high significance” and should have been considered during sentencing.

She said the jail term was “manifestly excessive” and was “not called for”.

Robyn Harper, for the crown, said Potter had a history of violent offending and the term of imprisonment “well within the range.”

Ms Harper said Potter had multiple opportunities in the past to engage in rehabilitation.

“He continued to reoffend in a violent manner,” she said.

Ms Harper said it was in Potter’s “nature” owing to his past convictions to resort to violence.

The court was told Potter also had issues with anger, alcohol dependency and cannabis use.

Justices Richard Niall and Kim Hargrave reserved their decision.