A young Lavington mother who with her partner carried out a home invasion has escaped conviction after a District Court judge decided it could be too great a burden to carry throughout her life.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Carlie Jean Hoysted and Jack Gordon went to the victim's North Albury flat on the night of January 11 to help collect belongings of the victim's girlfriend.
They were motivated by their distress at seeing the woman suffering domestic violence from the victim.
IN OTHER NEWS:
The victim had sent his partner a series of abusive texts - including one that read "don't f ... ing ignore me c ... " - when she and some friends couldn't return from Lake Hume to collect him on finishing work in Albury.
In one text sent to a mutual friend he threatened to stab the woman.
Hours later, just before midnight, Gordon forced open the victim's front door.
His only intention was to get items belonging to the woman, but on seeing the victim inside confronted him and hit him several times.
Hoysted's role in the incident was to also enter the unit, standing just inside the unit and verbally abusing the victim for the violence he had inflicted on his partner.
"Her time in the building was a short time," Judge Sean Grant said.
"I regret it," Hoysted said later. "I wish it had not happened. I stuffed up our lives."
The pair's sentencing hearing was told how they had a young child who they were both deeply committed to providing with a safe and loving upbringing.
Judge Grant said Gordon and Hoysted did not believe any violence would occur went they went to the flat, "but entered the property without permission".
He said Hoysted, as a first-time offender, needed a sentence that had the effect of "ensuring the community is protected by having her in the community and not committing offences".
He imposed a conditional release order requiring her to be of good behaviour for 12 months.
Given she was unlikely to re-offend, Judge Grant decided against saddling her with a conviction.
But he convicted Gordon, who spent three days and two nights in custody after his arrest.
He noted that Gordon was affected by alcohol during the assault.
Judge Grant placed him on a 12-month community corrections order and ordered that he complete 100 hours of unpaid work.