Dad smashed through patio doors with machete to see his baby

A dad has been spared jail after breaking into his ex-girlfriend's home wielding a machete and smashing up her bathroom - all because she said he couldn't see their son while he was drunk.

Kyle Harvey, 25, terrified his former partner who fled the house with their baby after the incident in which he forced his way through patio doors into the living room where she and the boy were watching TV.

Harvey, from Camborne, appeared at Truro Crown Court for sentencing having pleaded guilty to four counts including possession of a bladed article, criminal damage and using violence to secure entry to a premises.

READ MORE: Stalker who told ex's colleagues she was 'a slag' spared jail again

READ MORE: Illogan murder accused Daniel Lynch appears in court and has case sent to Truro Crown Court

Prosecuting, Ryan Murray said the offences relate to an incident in which he attended the property of his ex-girlfriend and the son they share in February. Harvey called his ex-partner asking if he could see his son but she told him he was drunk and could not do so in that state.

Mr Murray added: "There was initially supervised contact between the defendant and [the child] but that stopped." He explained Harvey phoned his ex and asked to see their child.

Join CornwallLive on WhatsApp and be first to hear what's happening near you

"He sounded as if he were drunk and she describes him as becoming irate," added Mr Murray. "[She] told him he could not see [their child] as he seemed to her to be drunk and about five minutes later he called again and asked, 'are you sure you want to do this?'."

She repeated that he could not see their son and asked him to not call her again. Moments later she heard the patio doors behind her being "smashed open" as Harvey forced his way into the property with a machete in his right hand.

She was able to record some of the interaction as he went upstairs where he smashed her bathroom window and smashed up a cabinet. She described feeling "shocked and frightened" and fled the property with their son to a friend's house who lived opposite.

She said the incident made her feel "on edge" to be living in the house. "I fear for mine and my son's safety," she said, adding that she was scared that he knew where she lived.

On arrest, he did not have the machete and it was never recovered. He answered 'no comment' during the police interview.

Mr Murray also told the court that following Harvey's arrest he failed to attend a hearing at Truro Crown Court hearing in June and might have done something to his tag in March that could have amounted to a breach of bail.

Sentencing Harvey, His Honour Judge Stephen Climie said: "This was a serious attempt in drink to frighten your former partner and had the potential to frighten not only her but your son and others who might find themselves involved.

"It is a case where the offences warrant an immediate custodial sentence but there are a significant number of reasons why I choose not to impose such a sentence." He said there were positive prospects of rehabilitation.

Harvey was sentenced to a three-year community order with a two-month curfew from 7pm to 7am. A restraining order was also granted for five years.

He was sentenced to one day imprisonment due to the failure to appear in court earlier this year. That day was deemed served because of his time attending the court for sentencing.