A lack of available police resources to investigate a young woman's fear of a break-in at her Farrar residence has formed part of a defence, in a case of mistaken identity, which saw a Darwin man plead guilty this morning on 'property damage' and 'going armed in public' charges.
The incident was described by the man's defence barrister in Darwin local court this morning as an "unfortunate mistake" from "misguided decision-making" that left her client feeling "regretful" and "remorseful".
The victim impact statements of the two teenage girls were not read out in court, and the agreed statement of facts were summarised during sentencing.
The court heard the defendant, 49-year-old Travis Wyatt, had been celebrating a late Christmas in February with relatives visiting from interstate, when the incident occurred.
A further four charges were withdrawn by the prosecution.
Wyatt's defence barrister said: "Your honour, my client absolutely acknowledges the seriousness of what occurred, that night.
"As it's indicated in the agreed facts your honour, the defendant ended up that night with a golf club due to a rolling sort of circumstances.
"He is a FIFO worker your honour, and he had missed Christmas from being away working. After returning home there were family members visiting from interstate and they were enjoying a [late] christmas.
"The golf clubs only came into play your honour, because my client had received, as a Christmas gift, an indoor golf set.
"As your honour has read in the facts, at about half past 11 that night, my client's daughter's housemate, who she recently moved in with, while my client was away working; she called the family in quite a distressed state.
"Someone in a light-coloured SUV was breaking into her house. My client's wife, who is court today in support of my client, did what any normal citizen would do, and rang the police and requested assistance.
"She was told, as you would have seen in the letter of support she's provided, that she was told there were no resources to send to check on a 19yo young woman who was by herself in a house in Farrar.
"She asked my client to go home with their daughter to ensure everyone that was safe.
"As my client told police he doesn't know why he took the golf club with him. It was just a stupid thing to do, but he and his stepson and another visitor to their home went with my client's daughter-in-law and his daughter in a separate vehicle to take her home and to make sure everyone was safe.
"There was a very unfortunate mistake that occurred when they arrived at Farrar boulevard, and thinking that the complainant's SUV was the SUV that was reported about.
"My client approached the vehicle believing it to be those that were seeking to unlawfully enter his daughter's house.
"The girls in the vehicle, understandably panicked, reversing the vehicle [inaudible].
"My client could not be more remorseful and regretful for his actions your honour, and absolutely acknowledges his misguided decision-making when the incident occurred.
"Your honour, my client is 49-years-old. He was born in Darwin in the rural area where he still lives with his immediate and extended family.
"He's been married to his wife Selina for 23 years. They've been together for 27 years.
"They have raised 4 children, 3 of which are now adults.
"He works in a fly in fly out role for a mining company in and out of Western Australia on a two-week roster. He's worked consistently, in similar, roles for about three decades.
"He's the primary income earner for his family. The family resides at Howard Springs, where he's spent most of his life.
"My client has no criminal history whatsoever. I'm instructed he has never ever come in to contact with police, and he hasn't ever received so much as speeding fine.
"He is described by all his referees as a man of solid character with a strong work ethic, who's dedicated to his family and contributing to the community.
"What we would ask the court to accept, is that this conduct that occurred on the 5th of February is an aberration on his otherwise excellent character.
"After speaking to police prior to the record of interview, he offered his details be provided to the complainants, such that they might indicate what the cost of the damage was and that kind of thing, so he could make reparations.
"As your honour has read in the facts, he was away working initially. He immediately took himself to the Humpty Doo police station where he returned from his fly in fly out roster.
"He made full admissions in the record of interview, identified the other people involved in the incident. He's done all he can to assist the authorities.
"In my submission, his pleas of guilty and his assistance should be accepted by the court as a genuine indication of his remorse for what has happened.
"My client wrote a letter to the young women involved in the incident, by way of apology, and to express his regret and remorse.
"That letter has been provided to the previous prosecutor, for carriage of the matter, to provide to those two young women if they chose to receive it.
"A conviction, in any event, will have significant consequence for my client. He's at risk, because of the nature of his work, of not being able to continue in that role.
"My client has always indicated a willingness, from the outset, to pay restitution.
"The figure that has always been discussed is around $10,000. My client is not a wealthy man, but he's in a position to make restitution.
"With reference to the invoices that your honour has received, I've been advised by the prosecutor who previously had carriage of the matter; [inaudible] $2,300 for the neighbour's excess. [inaudible] can't say for certain that these are the expenses of the complainant.
"What we say in the circumstances, that an appropriate disposition could be a non-conviction order, and a sentence which allows my client to continue working, making restitution.
"He has the capacity to pay a fine, if your honour is so minded to impose one.
"This is not a case where a need for an example be sent to the community, or denunciation and things of that nature, override the matters relevant not just to my client, but also to the circumstances in which the offence was committed."
The defence barrister said they did not want to "quibble" or "split hairs" over restitution costs, but highlighted the victim's RAV4 had "previous damage".
Defence barrister: "I'm not suggesting that alleviates my client's responsibility. It's not clear from this $15,000 invoice what that covers.
"My client has always indicated a willingness to meet his obligations which we say the court should also take into account in terms of immediate remorse, regret and contrition in relation to the offending and wanting to make things right.
The crown prosecutor got her turn: "As your honor mentioned this is a vigilante situation gone very wrong. Your honour would agree [inaudible] there was three men who attacked a car with two young girls in it.
"The victim impact statements that have been tendered, outline the fear that the young girls experienced while their vehicle was being smashed by golf clubs.
"Your honour, it is conceded by the prosecution that the defendant in this matter did turn himself into police.
"[Inaudible] however, your honour, the windows were in fact shattered on the vehicle, and crashed into a neighbour's car as the girls were trying to get away.
"Your honour, the photos that have been tendered do display the damage to the vehicle, as well as the weapons, the golf clubs, used.
"The victim impact statements also outline that the girls were injured with cuts from the shattered glass.
"Although this was perhaps a case of mistaken identity and a vigilant situation gone wrong it was intentional property damage and the prosecution [inaudible].
The prosecution said the mother of the complainants advised the damage had not been repaired as they "couldn't afford that amount and they also can't afford a new car.
"The car, essentially, an unrepairable write-off your honour.
The defence barrister then advised: "The court needs to be mindful that it's sentencing my client for property damage. His conduct was hitting the car once with a golf club which caused one window to break, and that the other charge is going armed in public, and that is with a golf club.
"He's not charged with and not being sentenced for anything that goes beyond those offences."
The judge asked Wyatt to stand, and summarisied the statement of facts in her address: "You received a phone call that your daughter's housemate thinks that someone is trying to break into her house.
"So your wife, quite sensibly, contacts the police. They say oh sorry, we can't look at that, is extremely disappointing, that apparently there's not enough police around and investigate whether somebody's place is being broken into, particularly the home of a young girl.
"There's nothing wrong with jumping in the car, going around to the house to see what's going on, but you went much further than that.
"You took the golf clubs that you were playing with at the house, so you go armed.
"You arrive there and there's two girls sitting in a car, parked in a driveway. They are 17 and 15 years old. They're just sitting in a car, on their devices, sharing some pictures with other people.
"You and your colleagues didn't go up and say 'what's going on here'. You immediately start attacking the vehicle.
"I find it really quite incomprehensible that grown men would act in this way when they see two young girls sitting in a car.
"The girls panicked, of course they panicked. They don't know who you are. Suddenly their car's being hit, and they attempt to reverse out and hit another car. Their car is extensively damaged by golf clubs. I've seen the photos.
"Extensive damage, to the vehicle [inaudible] previous dents and scratches, because it's just about destroyed.
"There is no place for people to take the law into their own hands, and attack people in vehicles in this way.
"Yes, it's disappointing that you didn't get a response from the police to attend.
"Yes, you were concerned about the safety of another young girl.
"What's happened here has terrified two young girls, 15yo and a 17yo.
"There does need, however, to be some discouragement to people who would take law into their own hands.
The judge suggested the defendant speak to his relatives about them contributing to the $17,300 he was ordered to pay.
A community corrections order of good behaviour for 18 months was issued, with no conviction recorded.
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