Court imposes community correction order for threat to stab brother

The 56-year-old from Dunedoo pleaded guilty to breaching an apprehended domestic violence order (ADVO), as well as two counts of domestic violence related intimidation.

Police said offender was on probation until April this year and had been previously charged on 34 occasions, including domestic violence offences and breaches of ADVOs.

The man has not been named to protect the identity of the victim.

READ ALSO:

The man appeared in Dubbo Local Court on March 23 this year after he threatened to assault his brother, breaching an ADVO imposed on May 16, 2022.

Court documents state he called the victim about 3.22pm on November 4 last year, and left a voice message as his brother did not answer the call.

"I'm gonna f--- you all over.. I am gonna f---ing get you, it is a promise. I am in Queensland at the moment, but I am gonna fix you up before the day I f---ing die... I will find you in the alley, stab you in the eye one day...," the offender said in the four-minute long voice message.

The victim contacted police three days later and reported the incident.

The offender was at Woolloomooloo Police Station about 12.20pm on Thursday, November 10 last year, for an unrelated matter when police became aware he was wanted regarding the breach.

When questioned by police, the man admitted to contacting his brother and said "that sounds like something I'd say".

He was subsequently arrested and taken to Kings Cross Station.

The court heard the offender was dealing with alcohol abuse and has been in and out of rehabilitation facilities "several times" in the last 20 years, with most recent being in late 2022.

In court on Thursday, defence solicitor Scott Affleck tendered a letter from the rehab facility his client had been attending in Sydney.

He said the letter demonstrated the "good work" the man had done and that he had been "fixing" his behaviour while engaging in the rehabilitation process.

"He's at residential rehab... for three months, today he's still attending rehab. He's currently residing in Surry Hills. Before rehab, he had lived [in Dubbo]. To his credit he's in court today," Mr Affleck said.

He said the offence was a serious example of breaching an ADVO and added the man was half way through the rehabilitation process.

"He seems to be doing [rehab] off his own back," magistrate Gary Wilson said. "It's a pretty good report."

Mr Wilson asked the man to keep up the "good work" and sentenced him to a community correction order for 12 months.