Violent abuser allowed to stay in Australia after attacking partner with bat

A serial domestic violence abuser who attacked his last partner with a baseball bat because she was working too much will stay in Australia after a tribunal cancelled plans to kick him out.

New Zealand citizen Leroy Wilton,35,has spent his formative years in Australia where since reaching adulthood he has consistently broken the law,taken ice and stalked or attacked women.

Leroy Wilton,a serial domestic violence abuser,will not be deported from Australia after appealing to a tribunal to let him stay.

Leroy Wilton,a serial domestic violence abuser,will not be deported from Australia after appealing to a tribunal to let him stay.NSW Police

Immigration authorities in March 2023 cancelled Wilton’s visa and flagged him for deportation to New Zealand after he admitted to a brutal attack on his partner – known in the courts as Ms D – in the NSW town of Orange.

“(Wilton) accused Ms D of cheating on him as he had not seen her the previous night,Ms D explained that it was due to her working,” Administrative Appeals Tribunal deputy president Antoinette Younes said last week.

Wilton lifted his partner off the ground by her collar and threw her across the room,then stood over her and punched her in the face repeatedly.

“He grabbed her again and then grabbed a bat located underneath the bed which caused Ms D to attempt to wrestle the bat away from him. That did not work,” Younes noted.

Wilton swung the bat down at Ms D. The bloodied and bruised woman escaped to a friend’s home.

He was convicted of assault causing actual bodily harm,stalking/intimidation and destroying property – all domestic violence offences.

Ms D was not the first woman Wilton abused,and the convictions were far from his first.

Two years earlier in 2021 he was convicted of stalking and damaging property.

The life and crimes of Leroy Wilton

In 2020,he had been convicted of similar domestic violence crimes on three separate occasions – in April,August and September.

Wilton picked up more domestic violence convictions in 2017 and 2015.

Throughout his adult life he has amassed multiple convictions for driving offences and breaches,which prosecutors warned showed he was unable to follow court orders.

The tribunal concluded Wilton’s criminal history “weighed heavily” against letting him stay in Australia.

It worried about Wilton’s capacity to stay off drugs and had questions about whether his mental problems were being properly addressed.

The NSW government has announced a $230 million emergency package to stamp out domestic violence.

“The tribunal is satisfied that the risk of reoffending remains unacceptable in light of the seriousness of (Wilton’s) offending,highlighted by the sentence of imprisonment imposed for the family violence offences.

“If (Wilton) were to reoffend,the nature of the harm that may result includes physical harm.”

But Wilton insisted he was suffering from mental health problems after losing a child to stillbirth and battling his own drug addiction. He wanted his crimes to be viewed against that backdrop.

Wilton’s family gave emotional evidence in the tribunal hearing,describing their own struggles with illicit drugs and the impact deportation would have on them.

The tribunal took particular note of Wilton’s mother,and said the family’s struggles should be given “significant weight” in the decision to allow Wilton to stay.

“(Wilton’s) mother was very tearful during her evidence and spoke of the significant emotional hardship she would face in case of (her son’s) removal from Australia. She indicated that she would go with the applicant to New Zealand,if she had to,” Younes said.

Younes said two of the parents of Wilton’s four children wanted him to stay in Australia and the needs of his children should be given significant thought.

But the community,she noted,would expect that Wilton not get another chance.

“The Australian community expects that the Australian government should not revoke the cancellation of (Wilton’s) visa because of his conduct,” Younes said.

Despite that,Younes concluded,Wilton should remain in Australia.

“The tribunal is satisfied that the correct and preferable decision is to revoke the mandatory cancellation of (Wilton’s) visa,” Younes said.

Wilton told the tribunal he is now drug-free and plans to continue treatment for his mental health.

If you or someone you know is affected by sexual assault,domestic or family violence,call 1800RESPECT on 1800 737 732.

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Perry Duffin is a crime reporter for the Sydney Morning Herald.

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