Whanganui man who served term of imprisonment for offending against partner offends against her again

Police removed Leon Smith from a property on April 4 this year and warned him not to return. He was back in less than three hours, contravening a protection order. Photo / Bevan Conley

A man has been sentenced for offending against his partner after already serving a term of imprisonment for previously offending against her.

Leon Smith pleaded guilty to two charges of contravening a protection order, the final of which was issued against him on August 3, 2017.

Smith had been drinking and was intoxicated at a Gonville address on April 4 this year. His partner wanted him to leave.

Whanganui Police attended the scene, removing Smith from the property at 8.05pm and warning him not to return.

He returned to the property at 10.55pm, entering through the front gate and knocking on the back door, which was answered by the victim, who told him to leave.

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He kicked the front door, smashed the bottom pane of glass, then pulled the door frame, cracking it and extensively damaging the locks.

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When Smith appeared for sentencing in Whanganui District Court on Tuesday, police prosecutor Drew Morrison said Smith then walked to the front of the house.

"He kicked the front door, smashed the bottom pane of glass, then pulled the door frame, cracking it and extensively damaging the locks," Morrison said.

Smith entered the home, yelling and ranting.

"The victim was then going to phone the police. The defendant snatched the phone out of the victim's hand without permission and put it on speaker phone."

Police arrived at the scene and were required to arrest Smith with reasonable force.

Smith and his partner had been together for five years and in that time there were five family harm incidents between them.

The victim, along with Smith's mother and father sat in the public gallery in support of him.

Lawyer Jamie Waugh said Smith had been out of trouble since his release from prison.

"I've spoken to him about what he attributes his offence-free time to and he said he abstained from alcohol for that period," Waugh said.

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People go to prison for this all the time, particularly when they have history like yours. You co-operate, you do your part and everything will be good.

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"He's now been on bail for a month and says that one month away from his young child while in the company of his parents has given him time to reflect on his use of alcohol."

Judge Philip Crayton sentenced Smith to two years' intensive supervision with judicial monitoring.

"Probation know that when I put that in place, if they're not happy with your compliance, they bring it back before me and we'll just move straight to prison," he said.

"People go to prison for this all the time, particularly when they have history like yours. You co-operate, you do your part and everything will be good."

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