DV breach "serious and unforgivable" but he avoids jail

A GYMPIE man convicted of a "serious and unforgivable" domestic violence order breach was warned of a five-year jail term in Gympie Magistrates Court this week.

The court was told the man, not named because it would identify the victim, approached the woman in a hotel where they were each in company with separate groups of friends.

He later committed a second breach when he entered her home through a side door and waited inside.

She screamed in fright when she opened the door and was confronted by a person she did not recognise in the dark.

Magistrate M Baldwin told the man his first offence was "unfortunate," but "the second is unforgivable".

The man had wanted to know why she had ended the relationship, but Mrs Baldwin said it was simple.

"She chose to. You don't have to give a reason. You don't own people, whether they be a partner or a relative or anyone else."

She described the offence as out of character and "typical of men who sometimes get very emotional". She also told the man that even if the woman had invited contact with him, it was his job to say no and to tell her she needed to get the court order changed.

The man's legal representative said "the alcohol took over". He was not intentionally seeking darkness.

Mrs Baldwin told him he was not being sentenced for his actions but for the fact that they breached a court order. "If orders and breaches are not taken seriously, there is no good in them," she said.

Maximum penalties were now three years jail for a first offence and five years for a second offence.

She sentenced the man to two months jail suspended for 12 months, with probation and the "Men Choosing Change" program.