Dwayne ‘Harry’ Atkins walks free from court after multiple violent offences against now ex-girlfriend
A Port Macquarie woman locked herself in a bedroom and sent desperate message to a friend asking them to call the police and help her as her ex-partner became aggressive outside.
Mid-North Coast
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Magistrate Georgina Darcy told a violent repeat offender that his overnight stay in custody is “just a taste of what will await you if you continue to breach this ADVO”.
Dwayne Atkins – also known as Harry Atkins – appeared before the magistrate in Port Macquarie Local Court on Wednesday where he pleaded guilty to common assault, drug possession and two counts of breaching his ADVO.
The offences all occurred in the presence of his now ex-girlfriend in the six months since the order was put in place.
The issues began in November when Atkins “threw her across the bedroom”, according to the agreed facts. When reporting the incident, she also informed police of another incident that took place days earlier.
Police spoke with Atkins back at the victim’s house, “who was argumentative and abusive”, refusing to leave and pushing a police officer before being restrained.
An ADVO was put in place to keep Atkins away from the woman and her home.
But Atkins continued flouting the rules, including instances of alcohol and drug consumption in her presence, which goes against the order.
After a wedding they both attended in March, the pair returned to her home where an altercation took place leading the woman to lock herself in the bedroom and message a friend for help.
The messages said Atkins was “losing his sh*t”, and asked the friend to call police and “please come and save me”.
“He is going off, he’s going to beat me. I’m so scared. I’m stuck here,” messages read.
When police arrived, Atkins blocked the doorway.
When officers eventually gained entry, they found cocaine on the coffee table which Atkins had been snorting earlier, police facts recount.
The magistrate told the court she was growing weary of seeing this kind of behaviour.
“Police are probably sick and tired of being called out to her house when she is obviously fearful of you,” Ms Darcy said.
“It’s obvious to any objective observer that this is not a well-functioning relationship.”
Atkins’ lawyer, Douglas Hannaway, told the court his client is seeing a psychologist to overcome his issues before arguing that the charges against Atkins weren’t that serious.
“The worst allegation is that he pushed her, so it’s not in the highest category of domestic violence,” Mr Hannaway said.
“His biggest problem is that he’s not complying with court orders.”
The defence told the court that the self-employed painter had “reasonable prospects of rehabilitation” and asked the magistrate to grant Atkins a new Community Correction Order (CCO).
Mr Hannaway also told the magistrate he’d suggested his client separate from the ex-girlfriend for good.
Ms Darcy agreed, telling Atkins “you need to work on your issues away from the relationship so you don’t keep finding yourself back before the court.”
The magistrate was reluctant to let the father of one walk free, with fears Atkins would continue the “cycle of violence”.
Ms Darcy also pointed to the offender’s criminal record, which features drink driving and other drug possession charges.
“That indicates to me that you have unresolved substance problems,” she said.
Atkins was convicted and ordered to pay two fines of $600 and one of $200, and perform 80 hours of community service.
His CCO was revoked and reinstated for six months, and his Conditional Release Order also revoked.
A new supervised CCO was also put in place for 12 months, with the ADVO amended to prevent him from visiting any place the woman lives or works.