Grafton domestic violence offender granted bail for sorry business

A court has had compassion on a convicted domestic violence offender facing new charges after hearing how his community on the state’s north coast was recently rocked by tragedy.

A convicted domestic violence offender facing new charges had been rocked by his young relative’s tragic death in custody when he was caught on the wrong side of the law again.

A Clarence Valley man – who The Daily Examiner has chosen not to identify – faced court on November 23 charged with contravening an apprehended violence order for his former partner’s protection for the second time.

The court heard the man was subject to an order as a result of seriously assaulting his former partner, for which he was sentenced to a nine-month intensive corrections order in August 2020.

The man had served his sentence without incident but on Tuesday admitted to breaching a condition of the order preventing him from having any contact with his former partner.

The pair had an argument at a community gathering in Grafton where friends and family were mourning a young male relative who had died recently while in custody at Cessnock Correctional Centre, triggering the breach.

The man pleaded guilty to the breach and a police prosecutor urged the court not to grant him bail due to his lengthy history of violent crime.

The man was granted bail at Grafton Local Court.

However, Magistrate Kathy Crittenden at Grafton Local Court took a different view, acknowledging the great tragedy the community was now grappling with and the sorry business the man would soon face with his family.

“There has been a tragedy in the community and there is sorry business, which is of great cultural significance (to this man),” Ms Crittenden said.

“The gathering where the contravention took place related to the tragedy to which I’ve referred and the consideration for the court is unacceptable risk.”

Ms Crittenden was satisfied strict conditions could mitigate any risk the man may pose and granted him bail.

He will report to police three times a week, reside with his brother at his Clarence Valley address and abide by a curfew between 7pm and 7am.

The matter will return to court in January.

The man is also soon to be sentenced for an earlier apprehended violence order breach related to the same former partner to which he has already pleaded guilty.

He will defend an associated common assault charge at a hearing at Grafton Local Court in May.

Aboriginal Legal Service solicitor Jason Hatch told the court the man aspired to be an elder in his community, who took local youths fishing and turtle diving – and his judgment had been clouded by grief and his alcohol consumption on the night in question.