AFTER finding a pair of men’s shoes at his ex-partners house, a man used garden rocks and a pot plant to smash windows – including to a car he owned.
Shane James Avery, 39, appeared in Ballarat Magistrates Court yesterday, where he pleaded guilty to four charges including recklessly causing injury, criminal damage and trespassing.
The court heard Avery and the victim had been separated for almost two years when he turned up at her home – where he still kept tools in a shed – one morning last March.
Prosecutor Raeleene Maxwell said that after knocking on the front door and windows, Avery went around the back and gained entry to another door.
Having noticed a pair of men’s shoes and a man’s wallet inside, Avery checked for identification and started calling out the man’s name.
He and his ex-partner then began arguing and he pushed her.
Avery picked up her car keys and went outside before throwing them back at his ex-partner, causing a cut on the bridge of her nose.
He then grabbed a pot plant and rocks from the garden and smashed windows on her car, which he still owned.
Ms Maxwell said he also smashed windows on the house.
When police arrived the victim was frightened, telling officers, “he’s going to come back, I have to get out of here”.
Defence lawyer Jon Irwin said his client had initially heard noises in the house and became concerned, but then lost his temper upon finding the shoes.
Mr Irwin admitted the offending was “shameful and totally inappropriate”.
“It was in all ways absolutely unacceptable,” Mr Irwin said.
“He knows he overreacted and that his behaviour was appalling.”
Magistrate Frank Jones convicted and fined Avery $2000.
“It would have been higher if you had physically laid a hand on her,” Mr Jones said.
“Mr Irwin was quite correct, you did your block when you realised there was another bloke in the house.”
