Jak Fitzsimmons pleads guilty at Byron Bay Local Court to breaching an AVO
A Ballina Shire tradie with a “broken heart” illegally contacted his ex on Snapchat to ask if she was sleeping with his brother. Here’s how a court dealt with him.
Police & Courts
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A Tintenbar tradesman has faced court after using the app Snapchat to berate his former partner and ask if she was sleeping with his brother.
Jak Fitzsimmons spent two days in custody before he pleaded guilty at Byron Bay Local Court on Monday to twice breaching an AVO.
The 28-year-old had been in a relationship with the woman for nine months.
After the relationship ended and the victim moved out, Fitzsimmons constantly messaged her, even after she told him to stop, court documents state.
Fitzsimmons contacted the woman 34 times over two days, and left a voicemail message on July 2, facts state.
“I am coming around, why are you acting like a child? You are probably f--king my brother,” he said.
Fitzsimmons arrived at her house that night about 9 o’clock yelling: “Why”.
The victim reported the matter to police and Fitzsimmons was served with an apprehended violence order (AVO).
A week later Fitzsimmons contacted the woman on Snapchat, the court heard.
“Ha so who you been f--king aye? (While) you were on Snapchat the whole time with me,” police documents state.
“Hahaha Snapchat back. You have broken my heart. How’s the tally on the fridge going again? Aye got one last night they were saying.”
The victim reported the breach to officers at Ballina Police Station.
“She was very scared of the accused and does not leave her parents’ residence,” documents state.
Fitzsimmons was placed under arrest and taken to Ballina Police Station.
Defence lawyer Natasha Kate Wood said Fitzsimmons accepted responsibility for the offences.
“He is a concreter who owns his own business … and has a limited criminal history,” she said.
Magistrate Karen Stafford said she has previously dealt with cases which include men making allegations of their exes sleeping around.
“(Men) not accepting when a relationship is over and making comments on their ex’s sexual activities,” Ms Stafford said.
“The media is finally publishing how often men break AVOs.
“You’ve spent two days in custody, I hope that’s brought home to you the consequences of breaching an AVO.”
Ms Stafford convicted Fitzsimmons and sentenced him to a supervised 12-month community corrections order.
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