Climbing kids lead to drunk abuse and marijuana plant find

The defendant told police to “come back tomorrow” or break open the door.

CHILDREN climbing out of windows of a house where a domestic violence offender’s children lived with their mother led to the DV offender yelling derogatory names at his former partner.

The man, 37, pleaded guilty on May 19 in Rockhampton Magistrates Court to one count of breaching a domestic violence order, obstruct police and possessing a dangerous drug.

Police prosecutor Senior Constable Peter Rumford said the defendant was walking past the victim’s Blackwater home on May 17 about 6.25pm when he “paused out the front of the address” and abused her, which was witnessed by another.

He said police attended the defendant’s address at 7.45pm with police having to warn the defendant many times to unlock the door.

Snr Constable Rumford said the defendant told police to “come back tomorrow” or break open the door.

“The police used force to enter the dwelling,” he said.

The defendant was apprehended as he tried to flee through the back door.

This was when police spotted a marijuana plant growing in “plain sight” in the back yard, five metres from the back door.

The defendant also had a small clip seal bag of marijuana, less than one gram, on him.

Defence lawyer Samantha Legrady said her client had four children with the victim and was walking to another street from his own place when he saw some children climbing out of the window of the house.

She said his initial reaction was out of fear for the safety of his children and then his former partner approached him and he abused her.

Ms Legrady said her client had been drinking a six pack with a friend prior, another six pack at the next location and then a cask of wine at his place before police arrived.

“He accepts his language was not okay,” she said.

Ms Legrady said he now accepts if he had concerns about his children, he should contact police.

Magistrate Philippa Beckinsale said the man was lucky he wasn’t charge with producing a dangerous drug for the marijuana plant.

“If you can’t walk past the house after having a six pack without calling her names, don’t drink” she told the defendant.

Ms Beckinsale sentenced the man to a six month prison term with immediate parole after declaring two days pre-sentence custody. She also fined him $400 for possessing the marijuana.