The Mackay man, 54, faced Mackay Magistrates Court, pleading guilty to contravening a domestic violence order.
The Mackay man, 54, faced Mackay Magistrates Court, pleading guilty to contravening a domestic violence order. MaxPixel/File

Shocking: Man breached DV order 439 times

A MACKAY man who had a domestic violence order taken out against him by his then-partner breached conditions more than 430 times.

Magistrate Damien Dwyer was seemingly struggling to keep track of the sheer number of individual incidents when he sentenced the 54-year-old.

"439 times you've breached the order. It's just simply not on", Mr Dwyer said in Mackay Magistrates Court on Tuesday.

"And you can't say you didn't know, because you're fully appraised of what's required under this order."

The Daily Mercury is unable to legally name the man to protect the identity of his victim.

He was brought into the court from Mackay Watch-house, after an outburst aimed at Mr Dwyer resulted in him being locked up overnight.

Mr Dwyer warned the man on Tuesday he was perilously close to being found in contempt of court.

"I'll take no further action ... but you do it again and I'm sure (defence solicitor Rosie Varley) has told you about my powers in respect of contempt of court," he warned the man.

The man who pleaded guilty to contravention of a domestic violence order was represented by Ms Varley, of Fisher Dore Lawyers.

Ms Varley indicated text messages sent to the victim comprised most of the breach incidents.

"I would accept, given the number of times in which there were text conversations between my client and the aggrieved, (that it) was excessive and I can see that it was a blatant disregard for the order," she said.

"If I can just make the submission that there was no element of physical violence, actual or threatened.

"And I do concede (my client) has history of a like nature ... those entries are dated and the last entry was from 2007 - over 10 years ago in which he did receive a period of probation."

Ms Varley argued a wholly suspended prison sentence would be an appropriate penalty.

She added "the aggrieved and my client are no longer in a relationship" and had "no intentions of reconciliation".

While scolding the man over his actions, Mr Dwyer had to check in with Ms Varley exactly how many times conditions had been breached.

Mr Dwyer sentenced the man to four months imprisonment, suspended entirely for two years, taking into account a day already served in custody.

"The ball is in your court now," Mr Dwyer added.

"You want to do that four months, you just keep going the way you've been going."

The man thanked Mr Dwyer before turning to Ms Varley to discuss his imminent release from custody.

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