When Jason Carius got into an argument with his partner and she locked him out of the house, he was left sitting next to the cider he had just purchased from the bottle shop.
Eight cans later, he was arrested and taken into custody by police.
Police prosecutor Leading Senior Constable Penny Lawler told Wangaratta Magistrates Court this week that Carius and his partner were verbally abusive to each other as he sat in the backyard of their home drinking about 4.20pm on October 4.
“The accused has become enraged when his mobile phone has run out of battery and he smashed it on the ground,” she said.
Carius tried to force his way into the house by punching the fly-wire door, struck a hole in the garage and spray painted the word “slut” on the window.
Meanwhile his partner was inside the house looking after their eight-month old twins.
She eventually called triple zero when Carius attempted to choke himself with rope from the garage.
Police arrested him and held him in custody for four days before he appeared in court, where magistrate David Faram fined him $2500.
“The victim was subject to emotional terrorism,” Mr Faram said.
“This is alcohol-fuelled offending, clearly designed to place the victim in fear.
“There is a clear domestic violence undertone to all of this.”
Solicitor Nancy Battiato argued Carius had initially attempted to do the right thing by walking outside for a cigarette during an argument, but was then locked out.
“He’s damaged the door trying to get into the house where he’s been staying,” she said.
“It would have been quite distressing.”
The victim was in court to support Carius and said the pair were still in a relationship.
Carius was expected to be extradited back to NSW on his release where he will have to serve three months in custody for a breach of parole.
Ms Battiato said the parole was breached when he first moved to away to Queensland, then Victoria to live in Wangaratta.
Police seized the empty cider cans as part of the investigation, which were kept as evidence until Mr Faram approved them to be destroyed.
Mr Faram did not accept Carius did enough by walking outside the house.
“His response to some kind of argument with his partner is to act violently. It’s inexplicable,” he said.
“Be careful to think about how you conduct yourself in the future.”
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