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Man is jailed for breaking a restaurant window while drunk

A Warwick man was sentenced to 30 days at Westgate after admitting drunkenly breaking a window at a Hamilton restaurant.Don Kirk Simmons, 48, from Farm Lane, pleaded guilty in Magistrates’ Court to one count of wilful damage.Crown counsel Tawana Tannock told the court that Simmons caused a disturbance in the Lemon Tree Cafe around 10.30pm on October 7, and was asked to leave. He became agitated and punched one of the windows of the building after he was asked to leave, causing around $150 of damage.Simmons admitted punching the window to police, but denied breaking it. He insisted it merely fell out of its frame.He pleaded guilty to the offence in court.Simmons said he was frustrated and intoxicated when he struck the window, but said he could fix the damage himself and that the matter never should have come to court.Senior Magistrate Archibald Warner said: “I think you should go to Westgate, that’s what I think should happen. Your previous convictions indicate to me that you think you can walk around the place and destroy people’s property whenever you like.”Mr Warner sentenced Simmons to 30 days’ imprisonment.