Mount Isa Magistrate, James Morton, had a stern warning for perpetrators of domestic violence in court this week.
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One man pleaded guilty to one charge of breaching a domestic violence order, in what his lawyer said was a “minor, non-violent incident”.
The defendant allegedly demanded to be let into his partner’s house when he came home late after drinking with his partner’s sister.
He threatened “if you don’t let me in, I’ll kill myself”.
The court heard that, before the incident occurred, the defendant had messaged the woman’s sister on Facebook, the aggrieved woman had left the house upset, the defendant had then met up with her sister.
The defendant’s lawyer argued that because there was “no actual violence" in his demands to be let in, or threats to hurt himself only, the appropriate sentence would be a fine.
“The defendant is going to a men’s group, seeing ATODS, he informs me he has settled down in regards to his drinking, he is working in the Northern Territory in a mine near Tenant Creek, earning $4000 a month,” the lawyer said.
I take it you’re listening to this. If you had hit that woman, I would be sending you to jail. You would be in jail – do you understand?
- Mount Isa Magistrate, James Morton
“With his efforts, early pleas, and a change of circumstance, I feel a fine is appropriate.”
The Magistrate responded by saying he does not normally issue fines for domestic violence related charges.
He said the threat to kill oneself is violent in itself, and “affects the lives of others".
“So, the defendant has gone out drinking with the aggrieved’s sister, he’s got the guilts – and rightly so,” he said.
“He has gone back to the house, and demanded to be let in. He said if she didn’t let him in, he would kill himself – for some unexplained reason.”
the Magistrate then addressed the def
“I take it you’re listening to this. If you had hit that woman, I would be sending you to jail. You would be in jail – do you understand?” he said.
“A man hitting a woman cannot be condoned, anywhere, for any reason. The courts are fed up with men assaulting their women.”
The Magistrate gave the man credit for not appearing before the courts for five years.
The man was fined $300 and the domestic violence protection order was extended for five years.
“She has the full protection of that order, which has the condition of his good behaviour towards her,” the Magistrate said.
