The Proserpine Court House.
The Proserpine Court House. Peter Carruthers

Violent end to child's birthday

A MAN has been sentenced to six months imprisonment following a violent tirade against his partner that involved smashing her phone.

Pleading guilty to contravening a domestic violence order, wilful damage and appearing on two separate failure to appear charges, Proserpine Magistrates Court heard on Monday the incident occurred when the man was staying at his partner's house after being invited over for his children's birthday party .

Police prosecutor Sergeant Sabine Scott said the incident occurred in Bowen on the morning of August 2.

Sgt Scott said when the pair woke up that morning, an argument broke out and the man asked why he couldn't stay and if she had another partner. She told him to just leave on good terms with the girls.

Sgt Scott said she walked into the garage and he followed, saying he was going to take her to court to gain custody of the children.

They sat down on couches in the garage, where the man was reported to have "jumped off the couch, walked towards her and pulled his arm back in a clenched fist”.

"You always want to call the police, I'll give you something to call them about,” he told her, followed by a number of threats and expletives, including "I'll f****** smash you s***”.

He was then reported to have picked up the phone and said "you won't give me your Facebook password” before throwing the phone on the floor, smashing it.

The woman reported the incident to police later that day.

The man also failed to appear in Proserpine Magistrates Court on October 17 and November 7, which resulted in a warrant being issued for his arrest and he was placed in custody later that day.

Defence solicitor Jennine Kiely said the situation was initially amicable

"He'd been staying with them for a few days and they had an agreement he would leave that day,” she said.

"He agrees he was contacted by the victim, she wanted him to come up for the children's birthday parties and stay for a few nights. She picked him up and took him up (to the house).

"My instructions are that he wanted to leave that morning and she refused to take him back. She first accused him of having an affair.”

Magistrate Simon Young immediately shot back.

"That's not mitigation, that's victim blaming,” he said. "I won't have it.”

Ms Kiely said the man didn't "recall some of these events specifically”.

Mr Young said the man could face up to five years imprisonment for the domestic violence offences.

"His behaviour cannot be condoned and it is unacceptable,” he said.

The man was convicted and sentenced to six months jail, with eight days already served, and he was released on immediate parole.

"I prefer you to be out in the community, talking to your kids, but from here that's going to be up to you,” Mr Young said.

The domestic violence order was extended for two years.


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