Brett Duroux: DV assault conviction overturned for Clarence Indigenous Aboriginal Party of Australia state election candidate

A Clarence Valley man who works with youths and ran for the Indigenous Aboriginal Party in the state election has been given something of a reprieve by a judge after he struck his partner.

Brett Duroux has had a common assault criminal conviction overturned.

A former Clarence Indigenous Aboriginal Party of Australia candidate who has run for both state and federal parliament has successfully overturned a criminal conviction after pleading guilty to hitting his partner.

Brett Duroux, 50, faced Grafton District Court on Thursday, where he asked for his sentence to be reduced to a conditional release order without a conviction.

In April, Duroux was convicted and sentenced to a 12-month conditional release order by Magistrate Juliana Crofts.

He pleaded guilty to domestic violence-related common assault.

Duroux’s offending was outlined in documents tendered to the court at the time.

He was in Grafton with his then-partner of 13 years when they began to argue on May 17 last year. The woman left and went to a friend’s home to try to defuse the situation.

Brett Duroux when he was campaigning for the Indigenous Aboriginal Party at the NSW state election ballot draw at Grafton. Picture: Matt Gazy

“About an hour later (Duroux) attended the victim’s location to pick her up, where he demanded she ‘get in the car’,” police facts state.

Duroux went to pick the woman up, demanded she get in the car and drove towards Coutts Crossing, telling the woman to remove a ring from her finger as the argument continued.

“During this argument (Duroux) hit the victim in the face with the back of his hand, connecting with her face,” police facts state.

“(She) attempted to shield her face using her own hands, however, was unsuccessful.

“Once the victim and (Duroux) arrived at their house, the victim got out of the vehicle under the pretence of opening the front gate, however, ran from the vehicle and hid in the bushes.”

Brett Duroux outside Grafton Local Court in April. Picture: Odessa Blain.

On Thursday, Judge Pauline David was told Duroux, a proud Gumbaynggirr, Bundjalung and Yaegl man, was remorseful and worried a conviction would prevent him carrying out community work.

The court heard Duroux was a person of good character, apart from the offending, and involved in mentoring Indigenous youth in the area, involving trips to help build connection to country and indigenous culture.

“This conviction will stop me from taking camps, going out (with children) … (and) you can’t just do it over one day,” he said.

Duroux told the court the camps prompted children to open up to him about problems they may be facing.

“I just want to be there for the young ones, for people with disabilities, for elders,” he continued.

“I want to go back to schools … I want to be able to open culture up so we can close the gap.”

Brett Duroux.

Judge David praised Duroux for his community work, particularly around teaching young children about their indigenous heritage – but she said domestic violence was a serious matter.

“Domestic violence is a scourge on our society,” she said.

But she said nothing on Duroux’s record indicated he would reoffend.

Judge David overturned the conviction and Duroux will continue to serve the 12-month conditional release order previously put in place.