Man sentenced in Hervey Bay Magistrates Court for breaching domestic violence order

A truck driver, whose repeated domestic violence breaches peaked with a break-in which forced his former partner to barricade herself in a room with her eight-month-old baby, has been sentenced.

A mum was forced to barricade herself in the bedroom of her home with her eight month old baby after her former partner broke in despite repeatedly being told to leave the property.

The 36-year-old man, who cannot be named for legal reason, pleaded guilty to four counts of breaching a domestic violence order when he faced Hervey Bay Magistrates Court on Thursday.

The court heard all four offences came within a six week period.

The first incident happened at a social barbecue, the court heard, with the man telling those gathered he was “kicking out” his then-girlfriend and their child.

The woman, overhearing what he was saying, started crying and tried to leave, but he would not allow her to close the door of their car.

While the woman tried to leave, he called a “c---” before she eventually managed to leave.

On the second occasion, the woman was at home with her child and she was trying to have a conversation with the man about child support, as their relationship had ended.

He began taunting her, telling her she was now a single mother and would have to “do it all on her own” and telling her it “must hurt her when she has to use her brain”.

She became fearful when the man began banging on the table, the court was told.

On the third occasion, the woman was changing the baby’s nappy when the man “stormed into the bedroom” and threw his phone on the bed.

The phone bounced off the bed and struck the child.

The woman believed it was accidental, but when she told him to be careful, he became angry.

The court heard all four offences came within a six week period after the man was placed on the domestic violence order in April.

She then left the home to stay with her mother, the court heard.

In the fourth incident, the man called the woman to talk about the child and about collecting some items he had left at the home.

She asked him not to come to the home.

He tried to access the home via the back door but could not get through the padlocked gate.

He then forced the front door open, damaging the security screen door.

The woman barricaded herself and her eight-month-old son in the bedroom until police arrived.

They observed the damaged security door.

Defence lawyer Daniel Olds said his client worked as a truck driver.

He said the offending had happened in the context of a separation during which the man’s behaviour had become “volatile”.

But Magistrate Trinity McGarvie said it went beyond volatility, telling the man he had committed acts of psychological and emotional abuse.

Mr Olds acknowledged his client had struggled to control his emotions and deal with the frustration he felt.

He said the man had not tried to cause the woman fear, but Magistrate McGarvie did not accept that, saying causing fear was a foreseeable consequence of the man entering the woman’s home and approaching the bedroom door.

She told him in that instance, one would “expect someone to feel scared”.

Mr Olds said the man had gone to the home to collect property and that was his thought process at the time, but he accepted his behaviour would have caused fear.

He said the man had since engaged with a counsellor.

Magistrate McGarvie said it had taken the man only four days to breach the domestic violence order for the first time.

“You don’t have to physically injure someone to be in breach of the order,” Magistrate McGarvie said, adding the woman had the right to feel safe in her own home.

The man was placed on nine months on probation with convictions recorded.

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