A man has avoided jail for assaulting his ex-girlfriend’s new partner at The Chase Bar and Bistro in Baldivis and then smashing the window of her car with a tyre iron.
The man pleaded guilty to one count of common assault and one count of criminal damage or destruction of property when he appeared in the Mandurah Magistrates Court on Friday.
Police prosecutor Tamara Read told the court he assaulted his estranged partner’s new boyfriend while the two of them were having lunch at the restaurant.
Senior Constable Read said he entered the premises about 2.30pm on September 12, 2018 and “immediately attempted to punch the victim”.
The victim, a 34-year-old man, fell backwards off the chair he was sitting on and a “scuffle ensued”.
He suffered minor injuries, including a scratch to his left ear and an abrasion to his face.
Senior Constable Read said the couple left the scene and drove away in their car, but the accused continued to follow them in his own vehicle.
While the victim, who was sitting in the front passenger’s seat, was stationery at a red traffic light, the man parked his car behind them and got out with a tyre iron.
He used the tool to smashed the window of the front passenger’s side before the couple were forced to drive through the red light to escape.
The man’s lawyer Siobhan Nims said her client was in a “state of very high emotion” and “he lost control” at the time of the incident.
She said her client and his ex-partner, who have a son together, had recently recommenced a sexual relationship and had “spoke about rekindling”.
“He had spoken to his ex-partner on the morning of the incident, facilitating a furniture delivery,” Ms Nims said.
“He mentioned going there [The Chase] for lunch in passing.
Ms Nims said her client was talking to his ex-partner on the phone on his way to lunch when he overheard a male voice “laughing and giggling” and making “disparaging comments”.
When he arrived at the restaurant, he saw them “kissing and cuddling in front of him”.
“He’s mortified at the extent to which he lost control,” she said.
“He called his mum afterwards in tears.
“This is his first interaction with the justice system … he has no like offences on his record.”
Mandurah Magistrate Anne Longden said it was to the man’s credit that he had began counselling sessions and pleaded guilty at his earliest opportunity.
“You’re genuinely horrified by what you’ve done,” she said.
“You’ve done what you can to make the situation better.”
The man was sentenced to four months imprisonment for common assault and six months imprisonment for criminal damage, both suspended for 12 months.
He was also ordered to pay $200 restitution for the broken car window.
