By Cam Lucadou-Wells
A “duplicitous” man has been jailed for persistently breaching an intervention order despite being convicted several times in the past year.
Recently, the 47-year-old breached a good-behaviour bond and a community corrections order for the same types of crime, Dandenong Magistrates’ Court heard on 16 July.
He had been previously convicted for breaching the same intervention order “hundreds” of times in August, December and February, the court heard.
Magistrate Jack Vandersteen said the man was “respectful” and “polite” in court yet he continued to re-offend.
Mr Vandersteen told the man: “It’s not a question of being sorry to me … it’s a question of being accountable on these orders.
“You can’t be duplicitous.”
The man produced “conflicting material” in his defence, such as wanting to reconcile with his family while he was in love with another woman.
The accused lacked insight into his conduct, persistently re-offended and tried to reduce his moral culpability, Mr Vandersteen said.
The man may have a “personality disorder” – leading to different personalities and outcomes depending on who he was dealing with, the magistrate mused.
“He’s trying to manipulate himself out of this.”
As part of his defence, he penned a letter expressing what his lawyer described as his “sincere regret”.
He also submitted a mental health report, a letter from a Berwick business, his current partner and his step-daughter.
His persistent text messages and calls to his ex-wife had been an “attempt to re-unite his family”, the lawyer said.
“He was thinking with his heart and not his head.”
The man apologised to the court, saying he was “definitely remorseful” and pledged never to re-offend.
“I’m just making excuses now. I understand what I did was wrong.
“Last time I was angry and confused. I thought everyone was at fault except myself.
“I’m the one who broke the law and broke the order.”
The man was convicted, fined $1000 and jailed for six months – including 27 days in pre-sentence detention.
His jail term will be followed by a 12-month supervised community corrections order including mental health treatment and behavioural programs.
