Beer can thrown at ex-partner in shocking Warwick DV breach

A Warwick man who breached a domestic violence order blamed his lack of antidepressant medication for the altercation.

A 40-year-old Warwick man who breached a domestic violence order fronted the Warwick Magistrates Court on May 6.

A 40-year-old Warwick man blamed running out of antidepressant medication for throwing a can of beer in the direction of his ex-partner while verbally abusing her, a court has heard.

The man, who cannot be named for legal reasons, fronted Warwick Magistrates Court on Thursday, May 6 for beaching his domestic violence order during a heated incident on June 12.

A protection order was made on March 10, 2020 and was breached by engaging in verbal abuse while travelling in a motor vehicle.

Police prosecutor Steve de Lissa said the defendant “verbally abused her while driving in a vehicle, then pulled the car over and an altercation ensued”.

“During the altercation the defendant has thrown a beer can, which only spilt beer on the victim,” sergeant de Lissa said.

Defence lawyer from Philip E. Crook Solicitors said that on the way back from Gatton the defendant and his victim began having a heated conversation.

‘They were verbal in nature and the driver ordered him out of the car,” she said.

“He had a can of beer that he had been consuming and has thrown it towards the driver, but not intending to strike her, just in her direction.

“She was then splashed with the remaining beer.”

The defence lawyer said her client was diagnosed with depression and subsequently medicates twice daily.

“Three days prior to this incident occurring he had run out of his medication,” she said.

“He acknowledges that he struggled to maintain his mood without the medication.”

At the time of the incident there were four occupants in the car.

“There was a child in the back of the car who was asleep and no harm was caused to the child,” the defence lawyer said.

“There was also a male passenger from Gatton who said he was asleep and did not witness anything.”

The defence lawyer asked the magistrate for leniency for her client given there was “no physical harm caused to the victim and there is no evidence of mental harm”.

She also added that the infliction of harsh penalties would “cause real pain to the unborn child” of the defendant’s current partner who is expecting in September.

During deliberations Magistrate Julian Noud told the court that “domestic violence is an insidiously prevalent and a serious problem in our society”.

“Matters became frustrated and you threw a beer can, while it was not thrown at her it was thrown in her direction,” he said.

“I know it is an enriching and enjoyable experience becoming a parent so make sure you have your medications in order.”

The man who lives with his parents was fined $600 and the domestic violence order remains in place.

No convictions were recorded.