A CQ father of three will spend at least 110 days in jail for breaching a domestic violence order.
A CQ father of three will spend at least 110 days in jail for breaching a domestic violence order.

CQ man jailed over 28th domestic violence breach

A Central Queensland father of three will spend at least 110 days in jail for repeated breaches of a domestic violence order.

Mackay Magistrates Court heard the 36 year old's offending was not the most serious example of breaching a protection order, but it was the 28th time he has been charged with that type of crime.

Prosecutor Sergeant Sabine Scott said under the DVO the man, who cannot be named for legal reasons, was allowed to contact the woman in relation to their child.

But on February 13, 2021 about 3.30pm the woman withdrew her consent for contact and he kept sending messages that included, "cause I want to f***", "all we do is fight and you never do what you say you're going to do" and "today was just a big tease".

The court heard he was trying to convince the woman to come to the Central Queensland hotel room where he was staying.

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He pleaded guilty to breaching a domestic violence order.

The court heard he had committed the offence in breach of a parole order handed down in October 2020.

Before that he had been on a suspended sentence.

Defence solicitor Jenna Du Preez, of Valiant Lawyers, said at the time her client still had very strong feelings for the woman and wanted to make their relationship work for the sake of their son.

He also had two children with a previous partner he was on good terms with.

Ms Du Preez said the man had not appreciated at the time when the woman withdrew her consent for contact and said "hindsight is 20/20".

She said he was meant to start full time work this week.

Magistrate Damien Dwyer accepted it was not the most serious example of offending but said the man "just keeps coming back".

"You're a pest, you just keep committing offences," Mr Dwyer said.

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"And it's got to get through to you that you can't."

Ms Du Preez had pushed for a wholly suspended sentence with a "significant term of imprisonment with a significant operational period".

This would give the man certainty of a release date. The court heard because he was already on parole, he can only be given a parole eligibility date.

Mr Dwyer said he had been informed by the state's chief magistrate there had been an indication from the Parole Board chairman it currently took at least 110 to 120 days to get parole eligibility.

Mr Dwyer jailed the man for 25 days with immediate parole eligibility and said he did so knowing the man would have to spend that time in jail before he was released.

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