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Breach of drug trafficking sentence with domestic violence offences

A YOUNG man breached a Supreme Court suspended prison sentence when he breached a domestic violence order, twice.

The man, now 27, had been sentenced to a 3.5 year prison term three years ago for trafficking drugs, with 208 presentence custody days declared and the sentence suspended after he served a further five months.

The sentence had a four year operational period which was extended on March 24 by one year after he breached it when he breached a domestic violence order on two occasions in the past 18 months.

Justice Graeme Crow said one of the DV breaches involved the defendant sending the victim many derogatory SMSs when he was very intoxicated.

The other incident involved an argument over SMSs sent to the woman by another male and the woman telling the defendant he could move out, before she threw his clothes down the stairs.

The defendant retaliated by throwing and smashing a stereo down the stairs.

The woman then punched him.
“You have turned a corner,” Justice Crow said.

He said reports tendered to court showed he had worked with probation after his prison release and no longer used drugs, and he had a glowing reference from his employer.

Justice Crow said given his rehabilitation efforts, it would not be just to send the defendant back to prison.