By Cam Lucadou-Wells
A man has breached a days-old community corrections order by placing a gift of “memories” on his ex-partner’s doorstep on Valentine’s Day, a court has heard.
The man had been placed on the court-imposed order on 11 February, and was banned under an intervention order from approaching his ex-partner’s home, Dandenong Magistrates’ Court was told.
He had been placed on the orders after being found guilty of threatening to kill, unlawful assault and two breaches of an intervention order.
On Valentine’s Day, the man texted and voice-mailed his ex-partner several times; he was permitted to make text or email messages for making child-sharing arrangements but not voice-mail or phone calls.
He told the complainant he was distressed that he’d been unable to see his children in recent days and about having a criminal record for “wanting to kill someone”.
In a voicemail that afternoon, he told the victim that he’d left $1000 under her doormat.
In a later message, he told her that “the best thing is to send me to jail before I see my daughters one more time”.
He repeated he’d left her a present, one that he’d made the night before.
The victim discovered the present was not $1000 but a box filled with “memories” shared by the family.
Police told the court on 27 February that the incident had caused the complainant fear and concern for the man’s mental state.
Defence lawyer Michael Kuzilny said the man had become emotional on Valentine’s Day because he wanted to “get my family back together”.
He usually had custody of his daughters on Tuesdays, and had texted his partner days beforehand with his request to see them, Mr Kuzilny said.
The man was described by his parents as a kind-hearted, non-drinking, church-going person, and his supportive ex-partner was keen for the man to get help, Mr Kuzilny said.
A Forensicare representative told the court that the man needed to see a psychiatrist as soon as possible and resume medication.
Magistrate Jack Vandersteen noted the man, with a history of bipolar disorder, had become overwhelmed by his marriage breakdown and work stresses.
“But you’re not helping your family with your present conduct,” Mr Vandersteen told the man.
“Any attendance at a (complainant’s) residence is serious because it increases the chances of something happening to the victim.”
He said the man’s chances of staying out of trouble were very high, if he complied with mental health treatment.
But his threats to kill, “out-of-character” conduct and attending the home on 14 February put him at a high risk of re-offending.
“You’ve got far too much on your plate, you’re not coping and your mental health is deteriorating.”
Mr Vandersteen varied the treatment-based community corrections order, adding judicial monitoring and supervision and dropping the community work requirement – in lieu of spending 13 days in remand custody.
The intervention order was also altered, barring the man from making child-custody arrangements by email or text message.
