Timothy Presbury: Kyogle man sentenced for AVO breach, assault

A man brandishing an axe handle with a star picket attached suggested the police would “need an army” to stop him as he breached an AVO leaving his ex-partner in tears. In a separate “distressing” incident he headbutted her brother. Find out his punishment in court.

A Kyogle man who repeatedly committed “distressing” breaches of violence orders in place to protect his ex-wife has walked from jail.

Timothy Luke Presbury, 34, has been locked up for 189 days since a warrant was issued for his arrest over apprehended violence order (AVO) breaches and intimidation between August and October of last year.

Presbury faced sentence in Lismore Local Court on Monday, pleading guilty to common assault, three counts of contravening an apprehended violence order and two counts of intimidation.

Court documents reveal Presbury was issued with an AVO against his ex-wife back in June.

Presbury then on August 9 told his ex he was coming home against her consent, telling her “f*** you I’ll be there unless the police are involved OK.”

At 7.45pm, Presbury entered the front door in “an aggravated manner which scared the victim” according to court documents.

He then went to the garage and picked up a axe handle with a star picket on one end stating “if the police come they better bring an army or I will smash them” court documents reveal.

Police soon arrived on scene where the victim was crying.

However, this wouldn’t be the last of Presbury’s intimidation, and he called the victim aggressively six times and texted 25 times in October calling her a “dog” and other insults.

According to court documents on October 10, Presbury contacted the victim accusing her of cheating stating he knew this was a breach.

“You can breach me again if you want I don’t care” the text message read.

On October 10, Presbury then contravened the AVO again when he headbutted the victim’s brother in law.

Presbury spied the brother-in-law outside the Kyogle IGA about 7.30pm where he yelled “I will f***ing kill you you f***ing c***” before leaning in and headbutting him court documents state.

Presbury, after police issued a warrant for his arrest, was found in Back Horse on November 2 where he began to jump over the railing of a veranda to evade police before he was grabbed.

Presbury’s solicitor Guy Draper said he had a “whole raft” of mental health impairments at the time of the offending which had significantly improved in the months since.

“He appears at least to me, to be of much clearer mind,” he told the court.

“That chaos of his mental health has become more regulated.”

He said Presbury would live in Ballina with his father if released to take him outside of Kyogle.

Magistrate Jeff Linden said it was positive to see a letter from his ex which acknowledged Presbury’s improved state.

“I don't live in fear of him leaving jail,” Magistrate Linden said, reading the his ex’s letter.

“I want him to get the help he needs.”

Magistrate Linden acknowledged the seriousness of the offences when sentencing Presbury.

“This certainly is distressing, the comments made to the victim were inflammatory and certainly would have caused her significant difficulties and significant worries,” he said.

For three counts of contravening an apprehended violence order and two counts of intimidation, Presbury was convicted and sentenced to a 20 months jail term, backdated to November 2.

For the common assault, he was convicted and sentenced to a six months one week and one day jail term, also backdated to November 2.

He was eligible for release on Monday.

Magistrate Linden set in place a five year AVO for the protection of the victim.