Darren Biles: Domestic violence offender convicted again
A magistrate has slammed a law which he said prevented a court from appropriately punishing a serial domestic violence offender who savagely assaulted a woman and threatened to kill her.
Dubbo News
Don't miss out on the headlines from Dubbo News. Followed categories will be added to My News.
- DV grub bit, choked partner in ‘savage’ assault
- Sledgehammer, Jim Beam bottle used in neighbourhood bust up
- Paedo confesses: Man, 31, had sex with girl under 10
A father who punched, kicked and attacked the mother of his children with a glass bottle in a public street while threatening to kill her and break her jaw “again” has been jailed for one year, eight months and 23 days.
Brewarinna man Darren Biles, also known as Darren Doole, was on parole when he went to a home in Narromine and injected ice in front of the woman.
In court documents, police said when Biles, 24, became aggressive towards the woman, she left the house, but he followed her outside and began to shake her back and forth while accusing her of sleeping with other men.
“I’ll break your jaw again, talk,” Biles told the terrified woman as he dragged her along the street.
Biles knocked the woman to the ground and repeatedly kicked her.
“I’ll kill you, I’ll kill you c***,” he said.
Despite the best efforts of neighbours to intervene, Biles picked up the top of a glass bottle and began to strike the woman’s neck with the glass.
“I’ll slash your throat,” he said.
When police arrived, Biles pressured the woman into saying she rolled her ankle and he was helping her.
Officers watched as the pair walked on to another street and Biles continued to threaten the woman with the glass bottle.
Distraught, she tried to grab the bottle out of his hand and cut herself.
Police intervened and the woman broke down as she told them what had happened.
While in the police vehicle, Biles attempted to commit suicide and he was admitted to a mental health unit at Dubbo Base Hospital.
Four days later he absconded and it wasn’t until two weeks later that police arrested Biles in Narromine.
He pleaded guilty to breaching an apprehended violence order that was in place until 2023, assault causing bodily harm and intimidation.
In a scathing judgment handed down in Dubbo Local Court, Magistrate Philip Stewart expressed frustration at Section 58 of the Crimes (Sentencing Procedure) Act 1999 which effectively prevents courts from handing repeat domestic violence offenders like Biles harsher sentences.
Magistrate Stewart said Biles was previously convicted of reckless wounding, multiple domestic violence related assaults, affray and breaching AVOs.
“Any sentence that I impose upon Mr Biles is limited to a period from the time of his arrest on October 14, 2020, to the expiration of five years from the time he commenced a series of sentences for significant examples of domestic violence on July 7, 2017,” Magistrate Stewart said.
“In other words, the court cannot impose a sentence that goes beyond a five-year period from the time of the first sentence being imposed.
“Fortuitously for the offender, police arrested him three days within the limitations of Section 58. Had the police arrested the offender on October 18, 2020, the sentence that is appropriate would far exceed the sentence that is now able to be imposed.”
Magistrate Stewart said Biles would have faced a head sentence of three years and three months behind bars had Section 58 not applied.
“Had the provisions of Section 58 not applied, the offender would have received a significantly longer sentence and a considerably longer non-parole period.
“The practical effect of section 58 is that a person who has little or no record might receive a substantially longer term of imprisonment than an offender with a significant record who is currently serving a lengthy sentence.”
Police also came under fire from Magistrate Stewart, for not trying to have Biles dealt with by a higher court.
“No election or request to adjourn for consideration of election was made by the prosecution,” he said.
Magistrate Stewart said he did not accept submissions from lawyers representing Biles.
“I do not accept his remorse, nor do I accept that he is unlikely to reoffend.
“It is suggested that the offender is remorseful and that he won’t do it again. The claim he won’t do it again is not borne out … by his violent history.
“I note the submission that the offender was doing well whilst on parole. Yet the facts indicate he intravenously injected methylamphetamine in the victim’s presence knowing he was in contravention of the AVO.”
Biles was convicted and no non-parole period was attached to the jail sentence.
Lifeline 13 11 14