Police v NBJ

Key Words: Contravene apprehended domestic violence order, Section 14(1) Crimes (Domestic and Personal Violence) Act 2007 – plea of guilty – serious domestic violence alleged – negotiations on particulars – non-custodial sentence imposed

Facts:

NBJ was charged with breaching a domestic violence order by a serious act of violence involving knives and threats to the life and limb of his estranged partner. He had a very serious and lengthy criminal history for acts of violence and a domestic violence order had been imposed for a number of years. Having been arrested for the offence, he was refused bail by a Local Court Magistrate pending the hearing of the matter.

Protracted negotiations were had with prosecuting authorities in relation to the particulars upon which NBJ would plead guilty. It was asserted by him that some of the allegations were either exaggerated, embellished or untrue. Having resolved the particulars of the charge in favour of the accused, NBJ pleaded guilty before the Local Court.

Outcome:

NBJ was released from prison and ordered to perform 30 hours of community work. The sentencing magistrate took into account the time that he had spent in custody (approximately 2 ½ months) and the abundant material that had been placed before the Court in relation to his work prospects, his remorse, and his improvement in psychological health.