A MAN was in a "heightened emotional state" when he kicked down the door at a West Tamworth home during a search for a missing family member.
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Tamworth Local Court heard Kyle Phillip Cloake was in a state of "emotional stress and anxiety" which caused him to do "unpredictable things" when a police investigation was launched to find his missing family member.
The Gunnedah man kicked down a laundry door, and threatened to smash a woman's car after two days of searching for the family member.
His defence solicitor Geoffrey Archer told the court what the 36-year-old had done was not "necessary", but he wasn't completely to blame for his actions.
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Mr Archer said the victim - who had in fact been housing Cloake's family member - had lied to police earlier that day about the whereabouts of the missing person.
"We're not blaming the victim ... but some responsibility needs to be accepted by the vicitm for this whole incident by not telling the police," he said.
"Mr Cloake believed he had been lied to, and misled, which caused his actions."
The court heard Cloake rocked up as the West Tamworth house in November, last year, and demanded to be let inside to see the missing family member.
He threatened to smash every window before entering the house, locating the missing person, and dragging them out of the house.
The 36-year-old was later charged with stalk and intimidate with the intent to cause fear; enter dwelling with intent to destroy or damage property; and one count of destroy or damage property.
Mr Archer said Cloake had acknowledged he "overreacted" but was a man with nothing on his criminal record.
"He's normally not an angry person, he's never been near a court before," Mr Archer said.
"I don't think he'll ever be in court again."
Magistrate Julie Soars said although it was a "serious matter" she recognised the victim should have known it wasn't appropriate to mislead police about the location of the missing person.
"It's quite a strong extenuating circumstance, which goes someway of explaining the out-of-character behaviour," Ms Soars said.
She said the 36-year-old shouldn't have taken the matter into his own hands, but the "objective seriousness" of the offence had been reduced by the victim.
Ms Soars convicted Cloake and sentenced him to a 12-month good behaviour order.
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