Murgon man's sparky idea backfires in DVO breach
A 28-YEAR-OLD Murgon man has been charged with breaching a domestic violence order after failing to comply with 'good behaviour' stipulated by the court.
Police prosecutor Pepe Gangemi told Murgon Magistrate's Court on Tuesday, September 3 that the defendant broke the order, which was enforced until February 12, 2022.
"Just after midnight on July 24 the aggrieved came back to her apartment,” Sgt Gangemi said.
"The defendant attended the property and was yelling out for her.
"He was saying he wanted her to come out and fight him.
"The defendant then proceeded to shut the power off a number of times, forcing her to leave the house to turn it back on.
"The last time the aggrieved saw the defendant he was crying on the stairs and when she went back inside he continued to yell and swear,” he said.
Defence lawyer Tom Carr said the defendant and the aggrieved lived together.
"Earlier that day they were having discussions over Facebook and the defendant said he wanted to move out of the property they shared.
"The defendant went back to collect his belongings and was unable to enter the apartment,” he said.
"It is an assumption that there was a race to get home and she locked him out of the house.”
Mr Carr said his client knocked on the door and no one answered even though he could hear people talking and laughing inside.
"It was at this point that he thought if he could turn off the electricity they would come out and he could go in to collect his belongings,” Mr Carr said.
"That's what caused the defendant to get angry at her.”
He said the defendant grew up in Murgon and shared three children with his former partner.
His client has a certificate in Land Management and is in the process of moving to Gympie for work within the next few weeks.
In Magistrate Louisa Pink's deliberation, she said she took into consideration that he hasn't been in breach of a domestic violence order since 2012.
However, Ms Pink said that his behaviour surrounding the breach was "concerning” considering he was yelling at her and wanted to fight the aggrieved.
Ms Pink convicted and fined the defendant $300 and the conviction was recorded.