Michael Bernard Luke Delta jailed for two years after threats to partner from prison got assault charge dismissed

A violent offender who told his partner she was “a dead m--t” when he got of prison told her to “sort this s--t out” so he didn’t face a longer prison sentence.

Michael Bernard Luke Delta pleaded guilty in Gladstone Magistrates Court to 42 charges, including 12 counts of driving unlicensed, seven fail to stops and three dangerous operation vehicle.

A violent offender who told a woman she was “a dead m--t” when he got of prison threatened her to “sort this s--t out” so he didn’t face a longer prison sentence.

Michael Bernard Luke Delta, 30, pleaded guilty on October 25 in Rockhampton District Court to one count of using a carriage service to harass and one count of attempting to pervert justice.

His sentence was finalised on November 15 where Judge Jeff Clarke

During the October proceedings, Crown prosecutor Alana Murray said Delta had been charged with one count of assault occasioning bodily harm in relation to an alleged incident on January 8, 2021, and it was this charge the Crown relied on for the attempt to pervert justice charge for this sentencing proceeding.

Michael Bernard Luke Delta

She said after Delta was taken into custody, he made 16 calls from prison to the alleged victim between January 27 and July 15, making contact in 13 of those calls.

Ms Murray said three of those calls made up the evidence in the attempted to pervert justice charge.

“He attempted to pervert justice by providing the complainant instructions on how to withdraw the assault occasioning bodily harm charge and also encouraging her to get the charges against him dropped so that he didn’t face longer periods in custody so that he could effectively be released from custody quicker,” she said.

“The complainant ultimately didn’t attend the Gladstone Magistrates Court in accordance with the summons for the assault charge and her non-attendance resulted in the discontinuance of that particular AOBH charge.”

Judge Clarke said Delta pressured the victim into withdrawing her complaint, telling her to go to his solicitor and that she “had to sort this shit out” and that his solicitor had told him he was facing a three-year prison term.

“In the third call, you accused her of being unfaithful,” he said.

“When the complainant was trying to end the relationship with you, your response was to say to her ‘I’m going to kill you when I get out. I’m going to cut your f---ing dog head off. You are a dead m--t when I get out.’

“In my view, you continued to dominate, coerce and impose your control over this woman from within the confines of a prison.

“She must have felt completely powerless that it was allowed to happen.

“In my experience, it is a particularly prevalent offence for offenders to be locked up and still be allowed to continue to harass their victims.

“These (victims) should not be confronted by that.

“They should be able to feel safe while their abuser is incarcerated.”

Judge Clarke said Delta’s 16-page criminal record was appalling and included convictions for grievous bodily harm, producing dangerous drugs, possessing dangerous drugs and domestic violence offences.

Delta had been sentenced in Gladstone District Court on June 17, 2022, for arson of a motor vehicle where he received a 15-month prison term.

He also has outstanding charges to be finalised in Gladstone Magistrates Court on November 30 and has been charged in relation to October 2021’s Capricornia Correctional Centre riot.

Ms Murray said of the 11 sentences where Delta received either community service or parole, he had breached nine of those orders.

“The defendant has demonstrated himself to have a scant regard for court orders,” Ms Murray said.

Judge Clarke sentenced Delta to two years prison with parole eligibility on November 15, 2022, for the attempting to pervert justice charge.

He also sentenced Delta to 12 months prison, suspended after six months with an operational period and good behaviour bond for three years and $1000 recognisance for the using a carriage service to harass charge.