‘I’m going to kill you. … kick you down the stairs’
A MAN arrested two nights in a row for breaching a domestic violence order was staying at a mate’s place the second night when his now former partner turned up and aggravated him.
The defendant, 24, pleaded guilty in Rockhampton Magistrates Court on July 6 to one count of breaching a domestic violence order, and another on July 7.
Police prosecutor Senior Constable Peter Rumford told the court on July 6 that police were called to a Phillip St address on July 4 about 11.15pm as a man could be heard swearing, shouting and smashing the place up.
He said they found the defendant shirtless and bleeding from a cut to his right arm. He didn’t know what caused the cut.
The defendant, who had a six page criminal record, admitted to police that he had pushed the victim onto the floor and threatened to kill her before bending a curtain rod around his neck and threatening to kill himself.
The victim told police she pushed his buttons and he became upset.
The court heard the man drank a “tally of red wine” on the night of the offence.
Defence lawyer Rebecca Harris said the offender previously worked in the catering industry and had the tickets and qualifications to return to that line of work.
She said he was also completing community service at the time.
Magistrate Jeff Clarke described the offender’s behaviour as “outrageous”.
“I see that you’ve had numerous chances with probation orders, community service orders, probation orders and suspended sentences. Indeed, you’ve had every sentencing option known to the criminal justice system,” he said.
“It’s important that you clean your act up.”
Magistrate Clarke ultimately opted for a six months’ imprisonment term with an immediate release date because of an early guilty plea.
A conviction was recorded.
The defendant was arrested again the night after he was sentenced.
The court heard on July 7, about 12am police were called to a carpark near the same address as the weekend offence.
Police prosecutor Casparus Schoeman said the victim went to a unit where the defendant was staying and asked for a cigarette.
He said the defendant became angry at the victim and yelled “I almost went to jail for two years today over you”.
The court heard the defendant also threatened to kick and kill the victim and told her: “if you don’t move, I’m going to kill you. … kick you down the stairs.”
The defendant was intoxicated at the time.
Defence lawyer on July 7, Lachlan Robertson, said it was a break up gone wrong.
He said his client had gone to stay with a friend after the break up and court sentence on July 6 to “remove himself”.
Mr Robertson said the victim “persisted” at wanting to talk to his client and made agitating remarks to him.
He said the defendant became frustrated, losing his temper.
Mr Robertson said police became involved after the situation escalated and the defendant made the threats.
The defendant was sentenced on July 8 (adjourned overnight for fact check) to six months prison, two days pre-sentence custody declared, and immediate parole eligibility.