Kingaroy District Court was held on November 15.
Kingaroy District Court was held on November 15. Tobi Loftus

Convicted rapist smashes into ex's house

A MAN smashed his way into his ex-partner's house and dragged her, less than four months after being released on a suspended sentence for rape charges.

The 27-year-old man was sentenced to serve at least a third of the remaining imprisonment after he breached the suspended sentence set by a Brisbane Court on June 6, 2018, for two counts of rape.

Judge Glen Cash told the man in Kingaroy District Court on November 15, to use the time in jail to start over and create separation from the problems in his life.

"It's fundamentally up to you to decide what you want to do," he said.

The Kingaroy man appeared on breach charges for the rape sentence after he had smashed his way into his ex-partner's house during August and September.

Lawyer David Nardone said the original offence was committed when the man was a 16-year-old in July 2007.

The court heard the complainant had gone to a night club where she had danced with a man referred to in court as Mr Fisher.

Mr Nardone said she had left the night club with Mr Fisher, who then met up with the defendant.

"She needed to go to the bathroom," Mr Nardone said.

"She did that and then Mr Fisher went into the cubicle with her and started having sex with her."

The court heard the defendant had also gone into the cubicle, and blocked the door.

"The complainant asked Mr Fisher to stop, but he didn't," he said.

Mr Nardone said the defendant then joined in the rape.

He was charged as a party to Fisher's rape, and also raping the complainant.

Fisher was only identified in 2014 and provided evidence to the Kingaroy man's involvement, who was not arrested until 2017.

The lawyer said the defendant had breached the suspended sentence set by the Brisbane Court for the rape charges, with a total of seven offences committed across four separate days.

Mr Nardone said the first of the offences, where he was charged with wilful damage and obstructing police, was committed three and a half months into the suspended sentence on August 11.

"That involved smashing a glass window when he was refused entry to the house of an ex-partner," he said.

"He then entered the ex-partner's house and he dragged her back."

The court heard the police attended the address and found the man hiding under a sheet, pretending to be asleep in a bedroom.

The lawyer said the man had jumped up and struggled with police when they tried to arrest him.

Mr Nadone said whilst the man was on bail for the August incident, he again smashed a window to get into his ex-partner's house on September 2 at around 11.50pm.

The court heard he was charged with a breach of a domestic violence order, wilful damage and two trespass offences.

"The trespass constituted running through the neighbour's yards, and ultimately hiding in a cubby house where he was found by police intoxicated," he said.

Mr Nadone said the man again went to the aggrieved's house two more times whilst on parole for the September and August offences.

On the third occasion the man entered through a broken window and argued with the ex-partner, he said.

The court heard the second time the man hid under a doona in a bedroom from police.

"He appeared sober, but said he must be drunk because he didn't know how he got there," Mr Nadone said.

The lawyer said while the breach offences were not at the same level of seriousness as the rape, he was concerned the suspended sentences were not used as an opportunity to rehabilitate.

"Some of which were committed while on bail, some of which were committed on parole, demonstrates a lack of effort towards rehabilitation," he said.

Judge Cash said it would not be unjust for him to activate the whole of the 15 months imprisonment left on the original sentence for the breach charges.

"You're going to have to do some programs in jail," he said.

The 27-year-old man's parole eligibility date was set for April 15 2019.

Convictions were recorded.