‘I’ll send you back to jail’: Woman’s threat in ‘crazy’ case
A VISITING magistrate has questioned the "crazy situation" of a couple involved in domestic violence where he is not to have any contact with her, but she continually contacted him asking for money and threatening to send him back to jail if he didn't contact her back.
The 36-year-old defendant made a bail application in Rockhampton Magistrates Court before Acting Magistrate Paul Byrne on Thursday after being slugged with 18 breaches of a domestic violence order.
Allegations involved telecommunications contact from 20 times a day to 70 calls or SMSs a day.
Defence lawyer Dominic Jorgensen said his client's partner had been contacting the defendant since his release from Capricornia Correctional Centre, asking for money and threatening to "send him back to jail" if he didn't contact her.
Mr Byrne initially said the charges suggested pest like, obsessive behaviour due to the fact there were 18 counts.
But after reviewing the allegations, he started raising a lot more questions.
"What kind of crazy situation are these people in?" Mr Byrne asked.
Mr Jorgensen said it was "odd".
"It couldn't be described as healthy at all," he said.
Mr Byrne reviewed the domestic violence order, which had eight conditions, and summarised it as follows: "the conditions in this order say 'I never want to see your face again for as long as I live. Keep out of my life. We've got some children - I realise we have to co-operate to some extent in order to co-parent the children. I wish we didn't have to because I never want to see your face again as long as I live."
The acting magistrate then reviewed the allegations and questioned the more than 70 telecommunication contacts in one day.
"I don't think I've ever made 70 calls in one day," Mr Byrne said.
"Have you ever made 70 calls and text messages in one day in your life?"
The defendant called out from the dock, saying he wasn't a millionaire to make 70 calls or SMSs in one day and that he put $30 credit on his phone once a fortnight.
Mr Jorgensen pointed that the police affidavit stated the woman contacted his client.
Mr Byrne asked if the defendant was contesting the charges, saying if he did, it would be "a waste of public money".
Mr Jorgensen said his client was not contesting that he contacted the woman, but would contest the alleged number of times for sentencing purposes.
He pointed out the last charge was dated September 30 and no further alleged offences had occurred in the following weeks.
Mr Byrne said he was adjourning the matter for 11 weeks and granting the defendant bail with strict conditions.
He said it was a long time between court appearances, and Christmas would see delays in evidence gathering and it will be hot weather.
"You've gone so close to staying in (custody) over summer," Mr Byrne said.
He told the defendant that with regards to the threats by her to have him sent back to jail, that she was trying to trick him into contacting her, which would breach the DV order and he would go back to jail.
The court heard the defendant did not have a DV order out against the woman and was advised to consider doing so.
His matters were adjourned until January 22, 2020.