By Cam Lucadou-Wells
A Bangholme man who twice broke into an ex-partner’s house, destroyed her furniture, cut all electrical cords and spilled yellow paint on her new carpet has been jailed.
Anthony John Payne, 54, described the crime as “an act of vandalism” and “an annoyance” in what was a “self-pitying” police interview, County Court judge Frances Hogan said in her sentencing remarks on 17 July.
Payne broke windows to force entry, deeply slashing two lounge suites, a bedhead, a bed quilt, clothing and a rug.
He also cut out sections of carpet, and deeply scratched timber furniture.
“Finally, you cut the cord of every piece of electrical equipment in the house,” Judge Hogan stated.
A living area’s heater, dryer, fridge and electric lawnmower were thus “rendered inoperable”.
On the evidence, Judge Hogan said the police investigation should have proceeded “more expeditiously”. Charges were laid six months after the burglaries were first reported to police in July 2018.
The burglaries in April and May 2018 were reported after Payne pelted rocks at the victim’s house.
A family violence intervention order was issued against Payne in August.
At his first police interview in December 2018, he denied responsibility but made “some admissions” while being driven home by police.
“Somewhat surprisingly” it wasn’t until January 2019 that Payne was arrested and charged by Carrum Downs police.
His police interviews gave no “strong impression” of remorse.
“In my view, you minimise your offending and deny what appears to be your uncontrollable anger which was behind it.
“It manifests an attitude of making your victim responsible for the way that you behaved.”
The crimes psychologically scarred the victim and children for life, and cost about $20,000 in earnings, Judge Hogan said.
Aside from $13,900 of damage, the victim spent days off work for counselling, as well as more than $5200 in home security upgrades.
The judge rejected Payne’s claims that the attacks weren’t “meaningfully” planned.
“It was a deliberately-targeted form of menace to your victim, which involved childishly and pointlessly desecrating the amenity of her home in a deeply disturbing way.”
In 2020, Payne was diagnosed with a major depressive disorder, requiring treatment to address his “emotional dependency” and relationship issues.
He had also made a “very serious suicide attempt” and remained a suicide risk, according to a psychological report.
A defence lawyer submitted that Payne, with a limited criminal history, should serve a community corrections order in the interest of his rehabilitation and the community.
Judge Hogan noted that jail risked a “significantly adverse impact” on Payne’s mental health. It would likely cost Payne’s rented home and job.
“Your depression, alone, in my view, does not explain your uncontrolled, vengeful actions in repeatedly offending against your victim and desecrating the new home which she had worked hard to make comfortable, attractive and secure for her children.”
Payne’s personality traits – his high emotional dependency, and his “obsessive and possessive” relationship with the victim – were significant factors.
The accused who pleaded guilty to counts of burglary, intentionally damaging property and trespass was jailed for 30 months, with a non-parole period of 15 months.
He was ordered to pay the victim $1400 compensation – the insurance excess for the damaged property.
