A disgruntled customer has failed to avoid a conviction after he threatened to hunt down a staff member's children and cut his moustache off with a scalpel.
Marcus Arkle, 46, of Princes Highway, Port Fairy, pleaded guilty in Warrnambool Magistrates Court last week to charges, including using a carriage service to menace.
He was convicted and fined $1500.
The court heard he attended a south-west bike store on February last year and bought an electric mountain bike worth $3500.
Arkle was informed it would take time to arrive due to the coronavirus pandemic and that he'd be contacted when it was ready.
Then on July 4, a disgruntled Arkle sent 41 abusive voicemails and text messages to the business' mobile phone.
He threatened to find the victim's kids, steal their bikes and break his wife's knees.
Arkle also threatened to cut off the victim's facial hair with a scalpel.
The court heard the messages were sent between about 5am and 6am.
The victim attended Warrnambool police station later that morning, distressed and scared for his family's welfare.
The court heard two personal safety intervention orders were put in place to protect the victim.
Arkle was arrested and charged on July 21.
He made full admissions to the offending, stating he'd "cracked it" and just wanted his bike back.
Matt Pitkin, representing Arkle, said his client couldn't remember making direct threats to the victim but admitted it was stupid.
He said that at the time of the offending, Arkle was sleep deprived and distressed because he lived six kilometres out of Port Fairy and needed the bike for transport.
"He wasn't able to be independent and contribute (to the family home)," Mr Pitkin said.
He said Arkle "wasn't in a good frame of mind" and was remorseful for his offending.
Police prosecutor Carolyn Howe said while she "completely" understood Arkle's frustration, the impact on the victim should take precedent.
"This is serious behaviour that brought (the victim) into the police station in a state of complete distress," she said.
Magistrate John Lesser said he too understood the frustration but there were other ways to deal with the situation.
"Your frustration got to the point of anger and you made irrational threats that we want to avoid going forward," he said.
The court heard the offender had a relevant criminal history, having previously been fined for contacting Warrnambool Jehovah's Witnesses 13 times in three days abusing and threatening the congregation.
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