Dubbo court convicts offender after he threw a tomato stake at his mother and damaged her property

The Brocklehurst man, who cannot be named for legal reasons, faced Dubbo Local Court on May 3. He pleaded guilty to intimidation, assault occasioning actual bodily harm, destroying property, and contravening an apprehended domestic violence order (ADVO).

Magistrate Gary Wilson convicted the offender on all charges and sentenced him to a 12-month community correction order.

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Court documents reveal the man and his family had been living with the victim in her house for five months when the assault occurred. There was an ADVO in place listing the mother's other son as needing protection from the offender, due to previous domestic violence incidents.

On May 16 last year, police said the victim had asked the offender's wife to clean up. However, she felt the victim's request was "unreasonable" because the mess was not theirs.

About 3.30pm, the offender began angrily yelling about the victim's request.

The victim, who was in her bedroom, closed the door to avoid him but he walked up to the entrance and continued yelling. When she tried to call triple zero, the offender wrestled her hand for the phone, grabbed it and smashed it.

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Police said the offender also removed glasses from the victim's head which were later found broken. He then walked outside, plucked a tomato stake from the garden and threw it through the victim's front window at her.

The court heard the stake smashed the window and punctured the victim's shirt, narrowly missing her back.

The offender then came back inside the house, grabbed a children's toy and hurled it at the victim's bedroom doorway. This caused a large hole in the wall. The offender left the location with his family a short time later.

Neighbours heard the commotion and called the police. When officers arrived, they saw the victim had a sore right thumb as well as bruising developing on her hand and back.

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In court, defence solicitor Aakash Prasad said his client accepted he was in the wrong. He said the offender had been offence-free since 2017 and had a limited criminal record.

The offender's partner was seated in the public gallery to support him.

"He needs degree of assistance and will [participate] in domestic violence programs as recommended in the sentence assessment report," Mr Prasad said.

He said the offender would not be going back to the area where the victim lived and would build a life in Dubbo.

"Growing up, he had a bad upbringing. His relationship with his parents was difficult, they were abusive. He left home at 14," Mr Prasad said. "He has recently started an apprenticeship."

When pronouncing the offender's sentence, Mr Wilson said the offender would be subject to supervision during the year-long community correction order.

Support is available for those who may be distressed.

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