A man who broke into and smashed the property of a man he believed had assaulted his former partner has been given a two-year corrections order.
Adam Frank Reece, 28, of Mooroopna pleaded guilty to charges of aggravated burglary, damaging property and theft at County Court on January 24.
The court heard on October 15, 2020, Reece forced his way into the Mooroopna home after his former partner texted him, saying the man had thrown her around the room and held her down by her throat.
The man left out the back of the house while Reece tore a flyscreen and smashed a window, television and framed poster with a miniature wooden baseball bat.
He stole an iPhone before leaving the house and smashing the victim’s car windows.
Judge Geoffrey Chettle said where a stint in jail could be considered appropriate for an offence of aggravated burglary, he took into account the mitigating factors of a traumatic brain injury suffered by Reece when he was four years old.
He acknowledged doctors’ reports of cognitive defects, post-traumatic migraines, poor impulse control, irritability and aggression.
Reece had been unsuccessfully assessed for a community corrections order in November 2021 and Judge Chettle said that report had made for “distressing reading”.
However, he said many of the factors in the report were symptoms of his brain injury causing him to behave in a “totally unacceptable way”, and a reassessment in January found him suitable for an order.
He sentenced Reece to a two-year corrections order including 150 hours of community work, and participation in treatment and behavioural programs.
“I cannot impress on you the need to cool your temper,” Judge Chettle told Reece.
“Whenever you think you’re going to fire up — don’t.
“If you breach this [order] I will have no choice but to send you to prison.”
Reece’s solicitor Luke Butler said a neurocognitive disorder as a result of his brain injury meant Reece was less well-equipped to deal with feelings of anger and upset.
Mr Butler said Reece was unemployed and had endured a difficult childhood, suffering physical and verbal abuse.
He said Reece had a relatively limited criminal history and had reasonable prospects of rehabilitation with good family support and motivation to form a meaningful relationship with his two daughters.
Prosecutor Conrad Banasik said it was serious offending with aggravating factors including a level of planning by Reece on arrival at the property and a motive to harm or hospitalise the victim.