A Condobolin man, Timothy Carberry (23) of Jack Grant Way, Condobolin has been jailed after appearing on a range of charges at Parkes Local Court on Thursday, October 7.
Carberry plead guilty to charges of contravening an AVO, common assault, a charge of destroy or damage property, driving while disqualified, driving an unregistered and uninsured vehicle, entering enclosed land without a lawful excuse and escaping police custody.
Magistrate McCarron said each AVO breach offence taken individually would not pass the serious threshold, but taken together are quite serious and a message must be sent about his inability to stay away from the victim.
The court heard that about 1pm on March 15, 2021, Carberry and the victim had engaged in a verbal argument about several matters including a claim the victim had smoked the last of a quantity of tobacco in a shared pouch.
Police said the argument escalated to a point where Carberry pushed the victim who fell to the ground.
Police said Carberry placed both arms around the victim's head and neck causing a small cut and swelling to the victim's bottom lip.
Carberry released the victim after 10 to 15 seconds, police said.
After a number of other incidents the victim contacted the police resulting in Carberry leaving the area. Police arrived soon after but were unable to locate Carberry.
Around 3:05pm that same day Carberry attended Condobolin Police Station where he was placed under arrest and refused bail by police.
During his interview with police, Carberry refuted a number of claims made by the victim.
About 8:25pm while Carberry was being moved from a cell at Condobolin Police Station to the station custody area so he could be moved to a police van police told the court he escaped custody, running west along Marsden Street before turning south down the rear of the Condobolin Post Office where police saw him scale a fence onto Bathurst Street before they lost sight of him.
Extensive police patrols in the area turned up no sightings of Carberry.
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In a separate incident on August 29, the victim contacted police claiming Carberry had caused damage to a number of items.
The police inspected the property but did not identify any new damage.
Police returned to the victim's residence again, at 12:40am on Monday, August 30 after receiving another call from the victim.
Carberry was located at the rear of the residence where he was arrested for contravening restrictions put in place by an AVO.
According to police facts, Carberry again visited the victim's residence around 2pm on September 9 where he had a conversation which turned into a heated argument.
After Carberry left the property the victim noticed a problem with the property's electricals.
Following an extension lead which supplied power to the property the victim found it had been tampered with.
Police observed this damage when they arrived around 2:30pm and were able to locate and arrest Carberry three hours later.
In relation to the driving matters, around 7:35pm on March 5 police were conducting high visibility patrols in Condobolin when they observed Carberry driving south on Goobang Street.
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When asked by police why he turned into the property he stated he didn't know anyone there and was just trying to get away from them, admitting he should have just pulled over.
Carberry was also charged with driving while disqualified during the early hours of January 2, 2021.
According to police facts, staff at Forbes Hospital asked Carberry to leave about 8:25 am as he was in breach of an AVO by being there.
Hospital CCTV showed Carberry getting into the driver's seat of a golf Toyota Camry, leaving with a passenger, heading in an eastbound direction.
On February 25, a police completed a form of demand on the passenger to identify who was driving the vehicle. The passenger confirmed it was Carberry.
Carberry was fined $400 for driving while disqualified on March 5 and disqualified from driving for five months.
His charges of driving an unregistered and uninsured vehicle and unlawful entry into enclosed lands were dealt with under Section 10A.
He was fined $300 for driving while disqualified on January 2 and disqualified from driving for three months.
Carberry was sentenced to a term of imprisonment of 12 months with a non parole period of four months with an aggregate sentence of six months for common assault (DV related).
He was sentenced to 12 months imprisonment of imprisonment a non parole period of 4 months with an aggregate sentence of 3 months for intentionally or recklessly destroying or damaging property (DV related).
For escaping police custody he was sentenced to a term of imprisonment of 12 months with a non parole period of four months with an aggregate sentence of four months.
Carberry was also sentenced to 12 months imprisonment with a non parole period of four months for contravening a prohibition or restriction in an AVO.
The court ordered the terms of imprisonment be served concurrently.
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