A man smashed his way into a family's Wendouree home and attacked a resident with a broom after becoming enraged at a text message, a court has heard.
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Andrew Hilton, 34, admitted to the violent offending and appeared at the County Court in Ballarat on Monday for a plea hearing.
Hilton visited the victim's house where his partner and young son also lived almost daily in the six months they had known each other.
This was before the victim sent a text message in May 2021 asking him to stop visiting.
The victim's neighbour, who Hilton had become friendly with, asked why he was stalking her in a message when she saw his car parked in the street that evening.
Hilton pulled up outside the victim's house again the following morning, ripped the front security door off its hinges and kicked the front timber door open, causing damage.
The court heard he picked up a broom and yelled 'why are you talking sh*t, I am going to kill you' at the victim, before hitting him with the broom five or six times.
An outcome that doesn't involve a period of imprisonment puts you in outlying territory for this type of offending.
- Judge Justin Hannebery
The victim was on the floor for part of the attack and the broom broke on his forearm while Hilton continued to hit him.
Upon arrest, Hilton told police the message about him stalking 'made him flip' but he denied hitting the victim with the broom. The case later resolved.
Defence barrister Neville Rudston sought an adjournment of the case to get a further psychological report about Hilton's mental state at the time of the offending and whether his chromosomal disorder was at play.
Judge Justin Hannebery questioned why this was necessary when a psychological report was already provided, but ultimately granted the adjournment.
"This is not a minor example of aggravated burglary. He has driven around there with a specific purpose. It is not entirely spontaneous," he said.
"It is still an offence where it is difficult to see how a period of immediate imprisonment isn't going to be imposed.
"Basically for the last five years for aggravated burglary in the higher courts 94 per cent of cases have involved imprisonment....
"An outcome that doesn't involve a period of imprisonment puts you in outlying territory for this type of offending."
The case was adjourned for the defence to allow time for further psychological assessments.
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Rochelle Kirkham
Rochelle covers court and has a particular interest in social issues including homelessness, food security and family violence.
Rochelle covers court and has a particular interest in social issues including homelessness, food security and family violence.
