Two unrelated domestic violence incidents have come before Darwin local court this morning, where one defendant appeared to smoke too much gunja, while another said he was "stressing for gunja".
Judge Julie Franz refused bail for Jarius Cameron to return to Maningrida, on charges of 'Engage In Conduct That Contravenes Dvo' and 'Consume Prohibited Liquor Restricted Area'.
The alleged offences however, could have been far more serious.
In explaining her decision to the court, judge Franz said it wasn't because the presumption of bail was against from the prosecution.
The judge said: "It's the unusual nature of the statement of facts together with his criminal history.
"Four assaults. Breaches of DVO. Breaches of bail. I'm just not prepared to chance him bail.
"He called police and told them he was stressing for gunja, and made certain threats against his partner.
"[He] said he's going kill his partner and his 1yo child with a chainsaw or a car, and said multiple times he wanted to be arrested.
Reading from the statement of alleged facts, the judge said the defendant sculled from a bottle of rum when police arrived to arrest him.
"I'm concerned if the defendant is bailed to Maningrida. I'm concerned about the safety of [victim name] and also the child who was also threatened."
The judge said she wouldn't grant him bail to Jabiru either, because Jabiru is on the way to Maningrida.
"You almost have to pass through it."
"For those reasons I will refuse bail.
Cameron's defence barrister outlined: "Your honour, I'm instructed that Mr Cameron wishes to contest the breach of the DVO.
"I'm instructed that he plans to enter a guilty plea to the second charge."
Cameron's matter was adjourned to the 25th November at 10am for a directions hearing.
In the second court hearing minutes later, Alan Nilco of Stuart Park faced charges from an incident only five days earlier on 13th October, and was pleading guilty in one of the fastest judicial turnarounds this masthead has ever witnessed.
Nilco's defence barrister told the court her client's side of the story, from an incident involving his partner and step-daughter: "On the day in day in question he received some cheek from her.
"He thought she was disrespectful. He was angry and disciplined her. He now acknowledges that was excessive.
"He shouldn't have taken up the rake and struck her. He realises the situation he is in.
"It further escalated when the mother came out. He picked up the rock, but fortunately he only used it as [inaudible].
"He didn't throw it at her. So it was really just in the throws of anger. He then dropped the rock. There was no harm to the mother."
"He does have a history of assaults, but there has been no entries in his criminal history since 2022.
"In this instance your honour, although it would have been awful for the young girl to experience this excessive discipline; as I said his early plea of guilt indicates that.
"Our final disposition your honour, was to seek a suspended sentence on this.
"If your honour is not minded to give a suspended sentence without conditions at this point, then we seek a 103 for the purposes of a report for supervision, as he might benefit from programs to address his [inaudible] and also his behaviour [inaudible]."
In delivering her sentence, judge Franz said: "This trouble with your stepdaughter who's 13, and with your wife of approximately 12 years.
"You were smoking gunja. You were intoxicated. I understand that something happened with your stepdaughter.
"She was giving you lip or cheek. You got angry. You grabbed the rake, and you were swearing at her, and you hit her to the back and left elbow.
"She fell onto the ground. You were chasing her, and she was saying 'stop hitting me'.
"Her mother came out and you armed yourself with a rock. You raised it above your head, and threatened her and swore at her, and then you left.
"I do note you did not actually strike [name] with the rock. So that's the circumstances.
"It's domestic violence. There is too much domestic violence in our community, and I need to send a message not only to you sir, but also to the community, in terms of general deterrence.
"I'm looking at your criminal record. There have been breaches of DVOs from 2022. You're not charged with a breach of a DVO.
"But going back to 2021 there were some aggravated assaults and threat to kill. Armed with an offensive weapon. And then in 2020 there were aggravated assaults.
"In 2019 some aggravated assaults. Going armed in public in July 2014 in Wadeye, and again an aggravated assault. I take those matters into account.
"In this matter, specific deterrence and protection of your wife and stepdaughter is something that I must think about and attempt to achieve.
"I take into account the photographs that shows the injuries to your stepdaughter.
"I will convict you for charges one, two, three and five.
"I will sentence your to an aggregate sentence of three months imprisonment. That will be backdated to start from October 13th 2024. I did consider suspending it, but given the criminal history, the nature of the offending, I'm not of the mind to suspend it.
"Mr Nilco will have to do fulltime of three months. When you get out in January there will be no other time hanging over your head."
A domestic violence order preventing Nilco from being intoxicated around his stepdaughter and partner; nor abuse or threaten them, was applied.
We are The Mango Inquirer.
