Warrnambool man accused of breaking into home armed with claw hammer

The 44-year-old man, who cannot be named because that could identify the victim, appeared in Warrnambool Magistrates Court on Wednesday charged with aggravated burglary and other offences.

Detective Senior Constable Craig Wastell, of the Warrnambool police crime investigation unit, told the court that the accused was living with his partner until their relationship broke down at the end of 2019.

He said the man moved out of their house and moved into a caravan at Warrnambool's Surf Side Caravan Park.

Then on February 15, the man allegedly asked a friend to drive him to the victim's home about 8.30am.

The court heard he kicked open a locked door of the premises, causing damage, and entered the premises armed with a claw hammer.

Detective Senior Constable Wastell said the man entered a bedroom where the victim was lying in bed.

He alleged the man raised the hammer above his head and threatened the victim.

The accused lifted the edge of a mattress into the air, causing the woman to fall out of bed and onto the floor. He then allegedly forced her to the ground while continuing to abuse her.

Detective Senior Constable Wastell said two male witnesses could hear screaming and became concerned for the victim's welfare.

He said the two men entered the house, grabbed the accused and walked him out of the house and onto the street.

The accused then fled the scene, the court heard.

Police attended the scene and located the claw hammer on the floor of the bedroom and the man's thongs on the front veranda.

Detective Senior Constable Wastell said officers attended the caravan park at 10.40am and located the accused, who said he was expecting them.

The accused was arrested and conveyed to Warrnambool police station where he made admissions to attending the victim's house but denied being armed with a hammer or threatening the victim.

Lawyer Xavier Farrelly said the aggravated burglary charge was based on the fact that his client allegedly entered the victim's home without permission.

But, he said the man's name was still on the rental lease, meaning he could legally enter the building.

Magistrate Mark Stratmann said the charges were "quite serious" but the prosecution case "was not an overly strong one".

He granted the man bail with strict conditions, including he take part in the Court Integrated Services Program and not leave Victoria.

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