A former Norforce signaller who described his nine years of service as being the most functional period of his life, was sentenced on Friday for 'Aggravated Assault and Assault A Member Of The Police Force.'
The man appeared at Darwin local court over video link from Holtze prison, where he's been on remand since March.
His NAAJA defence lawyer cited a psychiatric report from last year, referring to "some significant hardships" he experienced while in foster care as being something she wasn't prepared "to read in open court".
The judge had a copy, and agreed, advising the lawyer to provide her defendant with some legal advice on that as well.
In outlining her client's plea of guilty, the NAAJA lawyer said: "He's been upfront that he manages his depressive PTSD and other multiple psychiatric diagnoses with alcohol.
"Prior to being arrested for the most recent assault on his wife, he had been in touch with CAAPS to self organise in their residential program, hence the reason I was able to progress his matter as quickly as I did."
The prosecution went through the defendant's prior record, telling the judge his three previous aggravated assaults in 2021 and 2022 were all against his wife.
The judge noted the defendant had no violent offences prior to 2016, which was 'Unlawfully Cause Serious Harm'.
The prosecution made their submission on sentencing to the judge: "This is a serious example of domestic violence.
"It exposed violence to children aged 12, 4 and two 2-year-old's.
"The 12-year-old had to intervene and said 'stop hitting mum'.
"He's then had to run to the neighbours to seek assistance. He's then had to come back inside and barricade with a mattress, inside with his mother, to protect her."
- Prosecution
"The defendants' hit her twice on her left foot, twice inside her left knee, twice to her elbow and once on the side of her head, causing her pain, and she was crying.
"He clearly hasn't learnt from his prior dealings, and as I've flagged earlier, he has a serious issue with this same victim.
"In relation to the file [charge] with the police officer. It goes without saying that police officers shouldn't be subjected to this sort of violence in execution of their duties."
In her submissions on sentencing, the defendant's lawyer said: "He's been able to work in the past, and was a signaler with Norforce for nine years. He considers this time period to be the most functional of his life.
"He ends up leaving his jobs due to interpersonal conflict.
"Your honour, he met [his wife] 25 years ago. He has three boys and three girls with her. He grew up in Alice Springs.
While negotiating a commencement date for the CAAPs program, the judge explained: "The minimum sentence that's going to be applicable for the resulting behaviour is not going to be simply the two-and-a-bit months that he's been in custody already.
"I will be suspending his sentence however, I think that's totally appropriate.
While the defence lawyer again highlighted the availability of a position on the 12-week rehabilitation program at CAAPS, the judge said: "I won't consider letting him go [to it] without corrections being involved.
The judge addressed the defendant: "Mr [name]. You've struggled with alcohol your entire life.
"Alcohol has clearly been a big part of your life at times, and has taken you off course.
"It's caused you to be more inclined to offend. Are you willing to give up the grog?
Defendant: "Yes your honour. I've tried a lot of times. I don't have any tobacco or drug problems. It's just alcohol is a real problem for me.
Judge: "Once you've done CAAPS, if you just go back to your old ways, your going to get bigger and bigger sentences for what you've been doing.
"I've noted you've belted your wife with a boomerang. Your 12yo had to tell you to stop, you idiot. Disgusting.
"You want your kids growing up thinking their dad's just a useless wife basher?"
- Judge
The defendant said he wanted to get off the grog for his grandchildren and children.
He said: "I want to go back to Alice Springs where I come from, to get away from Darwin. I want to go bush. It's about three hours out of Alice Springs. It's on the north as you come in."
Judge: "Do you have strong family down there who are sobre?"
Defendant: "Yeah, most of my family have passed away. It's me and my sister and my brother now.
Judge: "Sentence in relation to [name] from December 2023.
"When the first member attended the premises, because his wife was wanting to move from there to a safe place, obviously because of his behaviour. He walked up to the police officer, after issuing him with a homophobic insult. I don't punish Mr [name] any harsher for that.
"What I am saying, the derogatory term that you used in relation to the member, that people of all walks of life; black, white, grindle; regardless of their persuasion, they're entitled to respect and to be treated as people, and your insult to the police officer indicates you disrespect some people; but I'm not going to punish you harder for that.
"I do punish you for headbutting him. I note there was no lacerations. He certainly suffered a headache. Police officers don't go to work to be punching bags for drunken belligerent members of the public.
"They're there to protect others, and they were there to protect your wife. You had no right to do what you did. It was a crime. Aggravated assault. Assault a member of the police force.
"In all those circumstances I impose three months imprisonment, backdated to the 28th March.
"That is a sentence at which I arrived at after a very definite discount across all files.
"You spared the justice system and those people who were victims of your offending from having to give evidence against you, and you're entitled to some credit for that, despite the fact that you could certainly have pleaded guilty to assaulting a police officer earlier than you did.
"On the 14th December you breached bail. That was an alcohol breach. In all the circumstances I do convict you and you are otherwise discharged.
"I note that alcohol is a health problem and an affliction on you. There are reasons in the documentation that [inaudible] you've ended up in the situation you have.
"You've also demonstrated to me you're prepared to take some responsibility and do something about it. I know you've tried before. I dearly hope that you succeed at CAAPS.
"I'm most concerned on the 31st of March you were angry with a relative and your wife.
"You inflicted some retribution on your wife because you partly blamed her what had been happening.
"You hit her with a boomerang on more than one occasion.
"There were no lacerations. There were no fractures, or anything like that. In that case you would of been spending a year or more in Holtze."
- Judge
"But you certainly caused her pain. You bruised her on her knee and her foot. I think it's disgusting you committed it in front of your children.
"Despite your best wishes to live a different life and treat other people with respect, including your wife, there's always a risk that won't come to pass.
"For what you did to your wife, again, I give you discount because it was a very early plea of guilty, I sentence you to four months, and two weeks, and that's backdated to 1st June 2024, suspended to the 25th June for 14 months, and that's 14 months from the date of suspension.
After his residential alcohol rehabilitation program, the man was ordered by the judge to attend a men's behaviour change program, described as being a more recent advent to the Northern Territory.
Judge: "I hope it has more of an effect to the interventions you've had in the past.
"It's up to you whether you fail or whether you succeed. We really hope you succeed.
Defendant: "I will succeed your honour."
We are The Mango Inquirer.
