August 30, 2012
An alcoholic who breached an intensive correction order by assaulting his de facto partner with a broomstick was sentenced to a total of eight months’ jail when he appeared in Kingaroy Magistrates Court today.
Alfred Joseph Wiley pleaded guilty to breaching a domestic violence order.
Police Prosecutor Sgt Nick Nitschke said Wiley and his partner had been having an argument on August 7 over a previous relationship, when Wiley upturned a table, smashing a glass. He then grabbed a broomstick and struck his partner across the back, causing her pain.
Sgt Nitschke said Wiley’s record included four entries for 2012 – three of which had resulted in terms of imprisonment that had been stayed.
In April he was put on a suspended sentence and in July, a sentence of imprisonment was ordered to be served as an intensive correction order. He also had numerous prior breaches of domestic violence orders.
“A period of actual imprisonment is the only just punishment,” Sgt Nitschke said.
Mr Alan Korobacz, for Wiley, said his client was a 45-year-old disability pensioner due to his alcoholism.
“The crux of the situation is he gets intoxicated and falls foul of the law,” he said.
He said his client’s partner was in court to support him, and neither could remember why they had been arguing.
He was extremely remorseful and was a quiet man when he was not drinking.
“The heart of his problem is alcohol. You can see that in his history,” Mr Korobacz said.
Magistrate John Parker said Wiley had a poor history – which totalled 14 pages – including offences similar to the matter being heard today.
“Your alcoholic condition doesn’t excuse the actions. It offers an insight, perhaps, but that’s as far as it goes. You are not being punished for the disease, but for the events that took place.
“Within three weeks of an intensive correction order, you have offended in this way.”
He ordered Wiley serve the whole of the original two month imprisonment imposed on April 26, as well as another six-month term on top of that for the latest charge.
He set a parole release date of October 29.