Man uses ‘below average intelligence’ as stalking defence
A MAN has used his "below average intelligence" as a defence after admitting to breaching a domestic violence order by calling and messaging his former partner more than 150 times.
The 22-year-old man pleaded guilty in the Southport District Court yesterday to breaching a domestic violence order by trying to contact the mother of his child between February and March this year.
When his former partner answered calls the man either didn't say anything or asked for mediation so he could see his young son, the court heard.
The last time he had seen his son was in January 2017.
Crown prosecutor Michael Connolly said the calls were "somewhat menacing" and submitted the man face actual time in prison.
Defence barrister James McNab, instructed by Dave Garratt of Howden Saggers Lawyers, tended references to the court which included a letter from the man's mother.
Judge Catherine Muir said it was concerning that the man's mother said he was "wrongly accused".
Mr McNab said it was just "the love of a mother speaking".
He said his client had completed 27 domestic violence intervention sessions.
He said the man had been assessed by a psychologist who found he had a below average IQ of 69 which suggested he had poor impulse control.
"IQs below 70 are considered minor intellectual impairments … (the psychologist) opines his behaviour stems from low intelligence," Mr McNab said.
Mr McNab said the man "ceased calling of his own volition".
Judge Muir said the sheer volume of the calls was menacing and he had a "unsatisfactory criminal history".
She said he had spent 61 days in prison for domestic violence offences in the past.
"I wonder if you ever stopped to think how you would feel?" Judge Muir said.
Judge Muir said the maximum penalty for the domestic violence breach was five years behind bars.
She sentenced him to 15 months in prison and released him on immediate parole.