Man on ‘the brink of jail’

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By CAM LUCADOU-WELLS

A NARRE Warren South man was told by a magistrate he was on the brink of jail for persistently breaching an intervention order by sending obscenely abusive texts to an ex-partner.
A court was told that in March, April and May, the accused visited her several times and contacted her with scores of calls and messages in breach of the order.
On 31 March the victim yelled at the man for his restlessness while they were together in bed.
He retaliated with aggressive language and refused to leave.
Over three days soon after, he sent 32 highly-abusive texts calling the victim “filthy” and various obscenities despite the victim’s pleas for him to stop.
The pregnant victim became fearful it would escalate to “something more serious”, the court was told.
Police prosecutor Leading Senior Constable Richard Symmons told the court that before the intervention order, the man had once become enraged when his ex-partner said she’d leave for Orbost.
He jumped upon her car’s bonnet and stomped on the windscreen, causing it to smash.
His lawyer Samantha Holmes said the man had since made “positive steps”, taking responsibility for his “totally unacceptable” behaviour, reclaiming his job and recontacting his parents.
She said the jumping on the victim’s car “screams ice addiction” – a drug habit shared by both parties from their relationship’s outset.
The man was on a mental health care plan and had stopped using ice, Ms Holmes said.
“He hasn’t made any contact with (the victim) since May. That shows a significant shift in his behaviour.”
Magistrate Jack Vandersteen noted the man, who was “nearly 40”, was not drug-affected when he similarly breached an intervention order against a different partner in 2012.
“It’s the same behaviour. It relates to (the ex-partner) seeing another person,” Mr Vandersteen said.
“I don’t accept drug use as an excuse for your behaviour.
“The names you called her and the language you generally used … the behaviour in the text messages doesn’t reflect your age.”
Mr Vandersteen said jailing the man would jeopardise employment prospects and possibly lead to re-offending and drug use.
The man was convicted and ordered to perform 250 hours of unpaid work as part of an 18-month community corrections order with judicial monitoring, drug testing, behavioural courses and treatment.
“If you breach it by re-offending, you come back before me and I won’t hesitate in imprisoning you.”