Damian Allen Maudsley jailed in Mackay for assault, fraud, DV
A father of two who stole his ex’s credit card to go on a shopping spree told a court he accidentally drove through her garage in his haste to leave after assaulting her.
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A father of two responded with “oh wow, thank you your honour” after learning he had served enough time for assaulting and defrauding his ex after their relationship broke down.
Forty-year-old Damian Allen Maudsley, of Mackay, pleaded guilty on Monday to eight charges.
His offending began with stealing his former partner’s credit card at Rural View on January 28 and on the same day, using it seven times to rack up $370.97 in costs.
Police prosecutor Ruth Whisker on Monday told Mackay Magistrates Court she was seeking restitution for the $70.97 Maudsley had not yet repaid.
Magistrate Bronwyn Hartigan said the partial repayment showed remorse and co-operation but Maudsley’s most serious offending occurred on March 24 when he breached a temporary protection order made on February 1.
The court heard Maudsley had been invited over to his ex’s home and while there, he unlawfully assaulted her, wilfully damaged an internal wall and pot plant, and drove through the garage.
Lawyer Robert Beamish, of McKays Solicitors, said in Maudsley’s haste to leave the property, he “accidentally” put the vehicle, which was parked facing the street, into reverse, demonstrating “momentary inattention rather than a deliberate act”.
The court further heard Maudsley, whose two adult children resided in Western Australia, was also on March 24 found in charge of a motor vehicle along River St in Mackay while methamphetamines were in his system.
The father was arrested and taken to the watch house where four days later on March 28, he asked a visitor from Murri Watch, who was unaware of the protection order, to pass on a message to the former partner who was “upset” and reported it to police.
“This relationship clearly was one that brought out the worst in you,” Ms Hartigan told Maudsley.
Mr Beamish said the NSW-born former bricklayer had completed Year 11 at a Townsville high school and first moved to Mackay to work as a shipwright, more recently working as nightfill at Woolworths.
He said Maudsley took full responsibility for his actions which began after he moved out of his ex’s home following an argument over money.
Maudsley pleaded guilty to all charges including stealing a credit card, dishonestly obtaining property, common assault, driving without reasonable care and attention, two counts of contravening a temporary protection order, wilfully damaging property, and being in charge of a vehicle while methamphetamine was present in his system.
The court heard he had no relevant history of domestic violence but was in 2002 sentenced for a robbery and he had multiple drink-driving convictions including in 2015 when he drove at more than four times the blood alcohol limit.
For the assault, wilful damage and contravention of a protection order on March 24, Ms Hartigan sentenced Maudsley to 127 days in custody, declaring the time as already served and ordering an immediate release from jail.
For being in charge of a motor vehicle while a relevant drug was present, his licence was disqualified for one month.
He was not further punished on remaining charges.
Convictions were recorded for all offences and Maudsley is barred from contacting or being within 100m of his former partner for five years.
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Originally published as Damian Allen Maudsley jailed in Mackay for assault, fraud, DV