A judge has told a man who put excrement on a barbecue she hoped he was as disgusted listening in court as his uncle had been when confronted with the mess. Photo / 123RF
A judge has told a man who put excrement on a barbecue she hoped he was as disgusted listening in court as his uncle had been when confronted with the mess. Photo / 123RF
Matthew Mallinsin crept into his uncle’s home as he slept and took several items including wireless headphones, a rug and his credit card.
A few days later, in the early hours of a cold July morning this year, Mallinsin returned to his uncle’s home, went up to the verandah and turned on the barbecue in an effort to get warm.
He then defecated around it, placed his excrement on the barbecue, opened the outdoor refrigerator, took some beer and drank it, before urinating in the fridge.
It was part of a series of offending that landed Mallinsin in custody for several months as he waited to be sentenced today on two charges of burglary, a charge of wilful damage, threatening behaviour, assaulting police and failing to answer bail.
Mallinsin appeared from a custody cell via audio-visual link in the Nelson District Court today, and was asked to reflect on what was being said in the hope he might be as disgusted hearing it, as his uncle had been faced with having to clean up his mess.
Matthew Mallinsin appeared from a custody cell via audio-visual link in the Nelson District Court today, and was asked to reflect on his actions. Photo / Tracy Neal
Judge Jo Rielly acknowledged Mullinsin’s struggles with mental health and addiction issues, which he had coped with on and off over many years, but said what he’d done to his uncle and what he’d done at his house was unacceptable.
“I hope as you listen you are disgusted as he was having to clean up that horrible mess,” she told him.
The court heard that a couple of days after Mallinsin had gone into his uncle’s house and stolen the items, his uncle went to Mallinsin’s address to talk about what had happened.
He got out of his vehicle when he saw Mallinsin approach. The nephew walked right up to his uncle so that his face was pushed against the other man’s.
His uncle felt threatened as Mallinsin stared at him with clenched fists, before Mallinsin suddenly hugged him.
It was after this incident that Mallinsin pooed on his uncle’s barbecue.
Weeks later, on August 5, police were called to an address in Nelson where a family violence alarm had been activated.
The police summary showed there had been 13 family harm incidents dating back to 2005 at the home where Mallinsin lived with his wife.
Seven of those incidents had occurred over the month leading up to August 5. Mallinsin was on active bail with a condition he was not to threaten or be violent.
When police arrived they saw Mallinsin walking down the driveway, and asked him to remain while they figured out what had happened.
Mallinsin became aggressive when he was told he’d be detained for refusing to stay where he was, and was pepper sprayed and arrested when he raised his fists at the police.
A few days later, on the morning of August 11, Mallinsin returned to the property and entered through a crawl space beneath the house, switched off the power which caused the safety alarm to activate, and then left.
He returned a short time later, grabbed a newspaper from the letterbox, walked up the driveway and began bashing the front door so hard it almost broke the glass.
The court heard that Mallinsin had been wanting his “stuff” back, but the victim told him to leave, prompting him to threaten her by saying he was “going to get her and that she had until tonight”.
Mallinsin then threw an outdoor chair before running from the property.
The victim told police she was terrified and believed if he had got into the house he would have hurt her.
Mallinsin’s wife and members of her family were in court today to hear the outcome.
Judge Rielly said the victim impact statement revealed an “overwhelming message” that although Mallinsin’s behaviour had been “extremely frightening” the victim’s real concern was for him to be well and to be able to live a happy life.
“It’s a real credit to her she has maintained support for you,” Judge Rielly told him.
She said Mallinsin had in the past been hard-working and a good husband, and was someone whom others really cared about, but he was now homeless and using substances.
He was sentenced to 18 months’ intensive supervision with standard and special conditions, including that he attend counselling and treatment for substance abuse.
Judge Rielly ended the sentencing by wishing Mallinsin the very best of luck with his progress and recovery.
