Angry son deliberately rams car into dad’s shop for revenge
A MAN has deliberately reversed his car onto a Murgon footpath and rammed into his parents shop in an act of petty revenge, a court heard yesterday.
Jay Scott Burnett pleaded guilty to seven charges before Murgon Magistrates Court on Tuesday, including the dangerous operation of a motor vehicle, three fail to appears, a common assault, possessing drug utensils and two breach of bail offences.
At about midnight on May 26, 2019, Burnett intentionally rammed his ute into a shopfront on Lamb Street, namely Murgon Moto and More. According to Defence Lawyer Lani Olafsson, the shop was co-owned by the defendant and his parents at the time of the incident.
Images supplied to the court show Burnett reverse the utility onto the Lamb Street footpath, reverse the car into the shop - resulting in a 130mm wide hole in the front window - and drove away.
Ms Olafsson said the incident occurred following a dispute between her client and his father.
"He acted out of anger and accepts this was poor behaviour. His relationship with his father has since repaired and he subsequently paid for all the repairs in the shop," she said.
"In relation to the seriousness of the offence, there were no pedestrians in sight. It was just after midnight, the shop was empty. There was no immediate danger to any person."
In contrast to the legal comparison supplied by the prosecution, which involved a woman who had repeatedly rammed her former marital home with her car resulting in nearly $70 000 worth of damage, the damage to the Murgon Moto shopfront was minimal, the court heard.
Magistrate Andrew Sinclair said while damage was much less significant in this case, "the use of a vehicle as a weapon, particularly to cause damage, needs to be discourage in all circumstances."
"I'd like to say that this sort of behaviour when driving cars is out of character for you, but you've managed to chalk up a seven page driving history, which for someone of 28, is quite remarkable," Magistrate Sinclair said.
In addition to two previous drink driving offences, within a three-month period in 2019, Magistrate Sinclair said the 28-year-old failed to stop at a red light twice, was caught speeding above 20km/h six times, received another six low level speeding fines, and was charged with driving an unregistered vehicle.
In relation to the possession charges, which date back to August 23, 2019, police prosecutor Barry Stevens said during a search warrant at a Pacific Pines property, officers located drug utensils, including digital scales and a water pipe.
In relation to the common assault, Ms Olafsson said the charge was merely the result of a drunken squabble between friends, and Burnett has since apologised to the aggrieved.
According to Ms Olafsson, her client has now been in jail for just shy of two months, which have been made more difficult due to COVID-19.
"Has been remanded in custody since July 16, and the added restrictions due to the coronavirus has made his time in custody more difficult," she said.
"I'm instructed there was a period of five days where none of the prisoners were allowed out of their cells."
"There has also been restrictions on visitors, and due to this he hasn't been able to have any visits from friends or family."
For the dangerous operation of a motor vehicle, Burnett was sentenced to six months imprisonment and disqualified from holding or obtaining a drivers license for six months.
For the first fail to appear, he was convicted and fined $500.
For the second fail to appear, he was sentenced to 14 days imprisonment.
For the third fail to appear, he was sentenced to one month's imprisonment.
For the common assault, he received a fine of $500.
For possessing drug utensils, he was convicted and not further punished.
For the breaches of bail, he was convicted and not further punished.
The total cumulative sentence, adding up to 7 months and 14 days, was suspended immediately for 18 months.
All fines were referred to SPER and all items forfeited. Convictions are recorded.
A further four drug charges were mentioned before the court on Tuesday, including two supply charges and two possession charges.
According to Sergeant Stevens, police will allege that during a search warrant of a Pacific Pines address on August 23, 2019, officers located 35.8 grams of material, including 7.85 grams of pure cocaine and 3.49 grams of MDMA.
The QP9 also denotes there were messages allegedly found on Burnett's mobile phone, including pictures of the drugs and a 294 page transcript of text messages. In one message, the defendant allegedly claims to have 50K worth of "stuff" in his house.
The defendant was committed for trial at the Supreme Court in Brisbane, at a date yet to be confirmed.
Magistrate Sinclair granted him bail under the condition he remain at his Murgon residence, and be found at that residence between 10pm and 5am each day, report to the officer in charge at Murgon between 8am and 4pm on Monday, Wednesday and Friday, he must not travel internationally and surrender his passport, and he must not enter or attempt to enter any international airport or international point of departure.