A 35-year-old man broke into the home of his former partner, sprayed her in the face with a homemade pepper spray and then grabbed his child and fled, the Supreme Court in Launceston heard.
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Stuart David Perry pleaded guilty to a count of aggravated burglary on June 8 this year.
He also pleaded guilty to common assault by way of threatening gesture and three breaches of a family violence order on the same morning.
Crown prosecutor Felicity Radin told Justice Stephen Estcourt that Perry had an ongoing dispute with the mother of his child over care.
"The complainant stopped the accused having access," Ms Radin said.
She said that at 3am on June 6, Perry attended a residence in Beaconsfield.
"He gained access via an unlocked kitchen window and found the complainant and his son asleep in the lounge room," she said.
"He approached the child and the complainant awoke and approached him."
Ms Radin said he sprayed her in the face with the homemade pepper spray causing her stinging eyes.
"The accused picked up the child and left the address," she said.
The court heard that Perry attended the Deloraine Police Station the next day and told police he was trying to extract his child because other ways had failed.
He entered a plea to all charges on June 8 in the Launceston Magistrates Court.
No victim impact statement was made.
Defence counsel Lucy Flanagan said Perry had a period in the Australian Army where he learned how to make the pepper spray, water and curry powder, without causing long-term damage.
She said a verbal agreement over the care of the child broke down and Perry started to hear bad rumours about the care of the child.
"He made multiple attempts to speak to the mother and child and at the time was in a desperate situation," she said.
Justice Estcourt said Perry had some relevant prior convictions but none that were egregious.
He said that the defendant's child was now living with him.
He sentenced him to a 12-month jail term which was wholly suspended on the condition that he commits no imprisonable offence for two years.
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Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
