Argument with kids over chicken nuggets leads to DV breach
A MAGISTRATE has described a man's behaviour as "nothing short of appalling" after an aggravated domestic violence breach.
The man, who cannot be named for legal reasons, pleaded guilty the aggravated DV breach and driving while over the alcohol limit.
The court heard on 12 July the aggrieved invited the man to her home but asked him to leave some time later.
Things then escalated to an argument between the man and his children over some chicken nuggets, where he held his fists up at them.
The aggrieved then intervened.
The man told her to put the car in his name so he could leave.
While the aggrieved was doing this, the man knocked the phone out of her hand which fell under the car.
He then refused to give the phone back before he was bitten on the ear by the aggrieved.
The court heard the man's nine-year-old son, who has a serious illness, tried to intervene but was pushed to the ground by the man.
Police prosecutor Sergeant Dean Burgess told the court at the time the man was on a suspended sentence for like offending.
The man's lawyer Gavin James told the court his client had previously been diagnosed with schizophrenia and since being in custody his mental health had improved with medication.
He told the court his client was also willing to get help with his alcohol issues.
Magistrate Terry Duroux took into account the man's plea of guilty and the fact he was on a suspended sentence at the time.
Mr Duroux said the man's behaviour toward the kids and aggrieved was "nothing short of appalling."
He told the man if he wanted contact with his children in the future he had to prove himself worthy of it.
"The court does not accept that behaviour in any way, shape, or form," he said.
"You and I both know sir, the number one condition of any suspended sentence is to not commit any offence whatsoever."
Mr Duroux also took into account the man was willing to get help with his alcohol issues and his mental health issues.
The man was sentenced to nine months imprisonment, with his six month suspended sentence activated to run concurrently.
He was also disqualified from driving for three months.
A parole release was set for October 11.