Magistrate slams domestic violence offender over continual breaches

‘The last thing I want is for your children to grow up like you’: A magistrate has expressed fury over the tragically difficult task of keeping women safe.

A magistrate has expressed frustration over the tragically difficult task of keeping women safe. File Photo.

After seeing countless domestic violence offenders walk into his court over and over again, a magistrate has expressed frustration at the herculean task of keeping vulnerable women safe in the South Burnett.

Appearing before Kingaroy Magistrates Court, a defendant pleaded guilty to contravening a domestic violence order six times over a six day period, after unlawfully contacting his partner from prison via telephone.

According to police prosecutor Sergeant Barry Stevens, while six charges come before the court from January 27 to February 2, they do not equate to the number of phone calls made, with multiple occurring within several of the days.

The defendant was represented by Mark Oliver from the Aboriginal and Torres Strait Islander Legal Service.

Mr Oliver said the calls were not nefarious in nature, but rather an attempt to talk to his children.

"He was in custody and subject to a domestic violence order, which he broke several days in a row," Magistrate Sinclair said.

"The only appropriate penalty, as long as the prison keeps facilitating the condition, is to put people in jail for longer and longer and longer and make those sentences cumulative until they comply with my orders.

"I sit in the unfortunate position where I'm told by parliament to protect women. It's part of my function.

"People commit offence after offence after offence, while in custody, and while knowing they are being monitored.

"I don't know what else I can do."

Telling the court he'd listened to the phone conversations between the defendant and the aggrieved, Mr Oliver said at the end of each phone call his client told the victim he loved her, which he said she never reciprocated.

"That's because she was violently assaulted by him," Magistrate Sinclair said.

"I'm seriously contemplating making domestic violence conditions that the respondent does not use a telephone at all to protect the aggrieved, and hopefully the prison will enforce that."

Pertaining to his client's history, Mr Oliver said the defendant was exposed to domestic violence as a child, having been raised by a violent father who frequently used drugs.

"He does have some anger issues, but he's trying to improve those. And I must say, I have represented him for a period of time and he has calmed himself," Mr Oliver said.

Magistrate Sinclair sentenced the defendant to a three month term of imprisonment, which was suspended for a period of 12 months, declaring he felt he had no choice but to impose a period of imprisonment.

"I don't propose to sit here day after day hearing the excuses as to why people breach (domestic violence orders) and how they breach them in a little way," he said.

"It's important that despite your poor upbringing you learn to respect other people's rights to do and say what they want.

"Your partner is a free, independent human being. If she chooses to leave, or go out and stay out all night, she can.

"The last thing I want is for your children to grow up like you."

Originally published as Magistrate slams domestic violence offender over continual breaches