Violent Broadmeadows Child Rescuers Sentenced

October 3rd, 2018

A 23 year old man from Broadmeadows who wielded a pole and headbutted a man to retrieve his partner’s children was sentenced in a Melbourne County Court yesterday.

Judge Gerard Mullaly told the court the unemployed 23 year old conspired with his 24 year old female partner to forcibly take the two children from the victim, her ex-partner, bringing an 18 year old Ballarat man as an accomplice.

The two men were sentenced by Judge Mullaly separately on intent to cause serious injury, while all three were co-accused on the charge of home invasion.

The 23 year old man received a two year community corrections order, 37 days imprisonment, 120 hours of unpaid community work and mandatory treatment for mental health and drug use.

“The weapon was a factor...The separate headbutt was also gratuitous,” Judge Mullaly said.

Judge Mullaly told the court the 23 year old man used methamphetamines and had two community correction absences to date, making his rehabilitation “much more problematic”.

Three weeks before the offence, the 24 year old woman made an agreement for the two children to stay with the victim for a weekend corresponding to a child’s birthday, after which he refused to give them back into her care.

Judge Mullaly said the mother reached a “stalemate” and ignored “lawful services” trying to regain custody.

The court heard the 23 year old man and his 24 year old partner arrived in a car at the victim’s residence midmorning on March 13th 2017 before the 18 year old arrived on his BMX bicycle.

The two men broke into the house, resulting in a violent confrontation in the hallway where the victim lost his front teeth, witnessed by both children.

Judge Mullaly said the 24 year old woman had no knowledge of the weapon used, and stayed inside the car during the incident.

The three co-accused escaped with the two children before being arrested three hours later.

In sentencing, Judge Mullaly told the court the punishment was in accordance with a report from Corrections Victoria, and was “generous”.

“If you don’t seize this opportunity, I will remember this case,” Judge Mullaly said.

Had the co-accused not plead guilty, Judge Mullaly said the 23 year old would have received one year’s imprisonment, the 18 year old nine months and the 24 year old woman two months.