A man is appealing against his jail term for a series of attacks on his ex-partner, including holding her at knifepoint at her home in a Hampton Park boarding house.
The 25-year-old, with 18 prior convictions for assault, had made a tirade of deadly threats, including to incinerate the 23-year-old female victim in a car.
In defiance of an intervention order, the man attacked her twice at the Oaktree Drive boarding house on 28 February and 2 March.
At the time he was on a Victorian County Court community corrections order.
On the first occasion, he punched her in the face during an argument.
Late on 1 March, he stalked outside all of the rooms screaming that he would kill her, her son and mother.
The next morning, he returned in what was described as a “psychotic” enraged state. He held a kitchen knife to his ex-partner’s throat, telling her he’d kill her.
He assaulted others that tried to intervene, and held a knife to another female resident’s throat.
The ex-partner was cornered by the man in her kitchen. She threw a coffee cup at him, and fled. He caught up to her on Pound Road.
She was punched, fell and curled up in a ball to protect herself. He punched her with both fists to the back of the head several times.
He left the scene before police arrived.
Over following days, the man repeatedly phoned and texted the ex-partner to drop the charges or he and his “mates” would harm her, her mother and her family.
He threatened to tie her up to a stolen car and burn her alive, to put her in a “f***ing drum” and to burn down her mother’s house.
On 19 March, he surrendered himself to a police station where he was arrested and charged.
The man also pleaded guilty to possessing nunchucks, found while he was a drug-affected state in a Capel Sound residence in November.
He had complex mental health issues, including ADHD, autism and paranoia as well as low intellect and a potential acquired brain injury, his lawyer told the court.
This was compounded by drug use, the court heard.
He had been released from a 48-day stint in jail in early February.
Three days later, he was found naked and in a psychotic state on the side of a highway. He was admitted to a hospital psychiatric ward for two nights, the court was told.
The lawyer requested the man was short-listed for the “limited” number of mental-health beds at Ravenhall and Thomas Embling correction facilities.
“He needs some sentencing options that can help him rehabilitate.”
From the dock, the man pleaded for the court to give him a “chance”.
“I want to improve my life, get away from my criminal past.
“I got caught up with this girl. When I left jail, she wouldn’t leave me alone. She caused a lot of dramas for me.
“She brought a bloke around to attack me.”
Magistrate Jack Vandersteen noted the man had 25 prior convictions for assault and violence-related offences as well as multiple breaches of intervention orders since 2006.
He was “guarded” about the man’s rehabilitation prospects; the current CCO “didn’t work”.
“I get it that imprisonment is more difficult for him.
“That doesn’t address the issue of the protection of the community.”
Mr Vandersteen rebutted the defence submission that the ex-partner had a significant ice addiction and had also sent texts to the man.
“So she deserves this?
“There’s an intervention order in place. Your client is required to comply with it.”
The man was sentenced as a serious violent offender on the threat-to-kill charges.
He was jailed for up to 26 months with a 12-month non-parole period.
“It’s just too serious to do anything else,” Mr Vandersteen said.
As he led to the cells, the man called out to his mother in the court gallery “See you in two years”.
“I need you to put a message on Facebook.
“Love you, Mum.”