Woman with five-month jail sentence hanging over her head back in custody

A Hamilton woman with a five-month jail sentence hanging over her head is back in custody after allegedly breaching bail within hours of being released.

The 22-year-old appeared in the Warrnambool County Court this month to appeal against the severity of a five-month jail sentence imposed for family violence-related offending against her former partner.

The woman cannot legally be named because that could identify the victim.

During the appeal hearing on July 3, 2024, Judge Michael O'Connell told the appellant that a jail term was appropriate in the case, but he wasn't sure if the five-month sentence was fitting.

He adjourned the appeal for further hearing in the same court on July 26 and released the woman on bail with strict conditions, including she comply with any directions of Drummond Street Services in Carlton and obey an existing intervention order involving her ex-partner.

But within hours the woman allegedly contacted the victim hundreds of times via text, emails and calls.

She was arrested and charged, and subsequently appeared in Warrnambool Magistrates Court on July 12, 2024, where she made an unsuccessful, self-represented bail application.

Police prosecutor Senior Constable Paul Harris said the woman was an unacceptable risk as there was an intervention order in place which she repeatedly breached.

"She just spent a time in custody in relation to the matter from the magistrates court, she was released on bail on the day she started committing further offences," he said.

Magistrate Peter Mellas agreed and refused the bail application.

She was remanded in custody to appear in court again on August 1.

The woman was visibly upset as she left the court.

In an impact statement previously heard in court the victim said the woman physically and psychologically abused her former partner which he said diminished his enjoyment of life.

"I worry whether I will encounter her when I go out shopping or with mates," he said in a victim impact statement.

"Without thinking or knowing she would hurt me with kicks, punches, scratches, bites, slaps, and then say after that she couldn't remember, so it never happened.

"I fear she will go too far one day."

Earlier: A Hamilton woman jailed for five months after offending involving her ex-partner has been bailed on appeal to engage with support services.

The 22-year-old woman, who cannot be named as she's a party to a court-imposed intervention order, appeared in the Warrnambool County Court during the past two days.

Judge Michael O'Connell - on Wednesday morning, July 3 - adjourned the appeal for further hearing in the county court at 9.30am on July 26.

The judge told the appellant that a jail term was appropriate in the case, but he wasn't sure if the five-month sentence was fitting.

"That remains an open question," he told the woman.

The woman was bailed until July 26, with the conditions she comply with any directions of Drummond Street Services in Carlton and obey an existing intervention order involving her ex-partner.

In the short term Drummond Street Services will assist the woman with housing so she can engage with support services.

In the longer term the woman is likely to return to the Hamilton/Warrnambool area to live, but the judge said it was essential she did not contact her former partner.

The woman told the judge she understood her bail conditions and was prepared to comply.

In the past the woman has persistently contacted her ex-partner.

Lawyer Ian Pugh said the woman had previously been released from custody and stayed in Dandenong, but she had contacted her ex-partner electronically.

"Hopefully she can make this work," he said.

"She's previously took herself out of the supports that were available. A lot of the offending was electronic and it does not matter where she was geographically.

"I believe my client does want to make a real go of it and eventually she'll go back to Hamilton where she has family ties."

The woman's ex-partner appeared in the Hamilton Magistrates Court on Wednesday, July 3, where an application was made to have their young child also placed on the existing intervention order.

Hearing of that variation application was adjourned until July 17, but there's an interim order in place covering the young child and the woman's ex-partner while the woman is be served with documents.