A 38-year-old Cowra man has been given a 12-month supervised community corrections order and a 12-month supervised conditional release order at Cowra Local Court.
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Roy David Carberry was before the court charged with recklessly damaging property and contravening a restriction in an AVO.
According to police facts, an AVO was issued on July 3, 2019, with the condition the Carberry not be in the company of the protected person within 12 hours of consuming alcohol.
On October 19, 2019, Carberry and his victim attended a family members house for a birthday. Both consumed alcohol with Carberry stating he consumed "beer, Jim Beam, beer and more beer".
Around 11pm, Carberry left the party due to intoxication and returned home. Around 4.30am on October 20, the victim returned home, accidentally waking Carberry who was asleep on the couch.
An argument ensued and Carberry punched a nearby TV, causing it to rock back and break a window behind it. He then poked more glass out of the frame before leaving to sleep at a friends place.
Around 10am the victim contacted police and informed them of the incident. When police arrived the victim claimed there had been an accident moving the TV which had caused the damage and didn't want to make a statement.
Police then attended a witness' house who told police, "Roy went up to the window and broke it".
Police then spoke to Carberry who made full admissions to punching the TV, causing it to break the window. He told police he knew of the AVO and of a condition "not to drink together".
Carberry's solicitor told the court his client had been extremely cooperative with police during the incident.
"He's paid for repair of the window and you can accept that as an act of contrition and remorse," he said.
"There's been no similar issues throughout the Christmas and New Years period and he's accepted referrals from community corrections to drug and alcohol services which will support him in addressing his alcohol issues.
"A positive sign this time is that the author of the sentence assessment report has spent six weeks with him and he's shown that he is engaging and engaging to such a level he is suitable for community service.
"He's also showing an insight into the link between his intoxication and the offending and recognising the impact that it is having on his relationship," he said.
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In sentencing Carberry, Magistrate Michael O'Brien said he was no stranger to the criminal justice system and should understand what the orders compel him to do.
"When a domestic violence order is made it's not made lightly, it's not an invitation, it is an order and it has to be complied with," he said.
"I'm pretty sure I would have been the magistrate who made the order that applies to you and I always make clear when I impose those orders the consequences for offending. I also make it clear that if for some reason the orders need to be changed you can apply to the court for permission to do something that the orders say you cannot do, it's not a difficult concept.
"If you know an event is coming up and you know you and the protected person will be together where alcohol will be consumed you can apply to the court to say I want permission for the orders to be suspend and ordinarily that might be granted.
"But to simply ignore it and say 'what does it matter?' Well it does matter because your freedom is at stake," he said.
