Smashing her ex's property

The Proserpine Court House Photo Peter Carruthers / Whitsunday Times
The Proserpine Court House Photo Peter Carruthers / Whitsunday Times Peter Carruthers

A JUBILEE Pocket woman, 38, has pleaded guilty to breaching a domestic violence order when she smashed her former partner's belongings following an argument over burnt food last Friday night.

The mother of two was remanded in custody for three days across the weekend until appearing in Proserpine court on Monday.

The court heard that about 3pm on December 1, the aggrieved man contacted the woman, invited her over to his house and drove to collect her despite a DVO banning the woman from the premises being in place since January.

The pair began drinking and after an argument over the woman burning food, she smashed a plate against the kitchen bench.

Police prosecutor Sheena Hayes said after trying to de-escalate the situation the man went outside and called police.

"When he returned inside the respondent has thrown the microwave oven on the floor, causing it to smash,” Ms Hayes said.

While waiting for police to arrive, the aggrieved man yelled at the respondent for damaging a door when she was looking for cigarettes and the woman responded by smashing a vase on the ground.

Duty lawyer Cleo Rewald said the respondent was intoxicated at the time.

"The damage to the property; she recalls some of it but not all of it, Your Honour,” Ms Rewald said.

"She did indicate to me that she did not realise the ramifications of how quickly a situation can deteriorate although she does understand that now, Your Honour, as she has spent three days in custody.

"Alcohol appears to be an underlying feature and I think some benefit would be sought through some sort of intervention.”

Magistrate Simon Young said as serious as the offending was, it would not ordinarily result in a period of actual custody.

"I have to take into account you have already effectively been penalised by spending those three days in custody,” he said.

"And so a probation order might be a better way of dealing with these issues, both from your perspective and the community's perspective.”

The woman was sentenced to six months' probation.

Topics:  dvo proserpine magistrates court

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