DPP v Hayward [2020] VCC 220

Sentence summary: Aggravated burglary

A jealous partner was jailed after attacking a woman with a knife and a screwdriver in the middle of the night.

Ricky Hayward, 24, was jailed for six years and six months with a non-parole period of three years and nine months after he was found guilty of aggravated burglary, common assault, false imprisonment and making a threat to kill.

The Court heard how the offender set upon the victim, slinging her to the ground and striking her.

He then fled to his home but later returned, after exchanging text messages with the victim.

“After you left, the victim spoke to you and said that she did not want you to come back. She said that she had enough of being hit,” the presiding judge said.

The offender then broke into the victim’s home at about 1am and prevented her from leaving, while making a threat to kill her.

The victim suffered a panic attack which lasted for two hours.

The offender was arrested the following morning after the victim texted her mother with his phone after he fell asleep, who then phoned police.

The offending occurred after the victim ended their four-and-a-half-year relationship.

When considering the sentence, the presiding judge noted the fact the offender had several prior convictions for violent crimes.

Only a term of imprisonment would be appropriate, the Court heard.

“I am satisfied that this is a serious example of offending in a family violence context,” the judge said.

It was also acknowledged that despite the offender’s young age, the offender’s rehabilitation prospects remained “guarded at best”.

He had also been diagnosed with a severe intellectual disability.

Additionally, it was accepted the offender endured a difficult childhood after being physically abused growing up.

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Page last updated: 8 December 2020