November 25, 2013

A father of three young children will spend Christmas in jail after he pleaded guilty in Kingaroy Magistrates Court today to his 11th breach of a domestic violence order.

Ashley Kevin Swift, 28, pleaded guilty to two counts of contravening a domestic violence order, and two charges of breaching bail conditions.

He sat in the dock wiping tears from his eyes, and occasionally turning around to wave to his family, as the allegations against him were detailed by Police Prosecutor Sgt Wayne Bushell.

The court was told Swift went to his partner’s house in Wondai on November 8 contrary to a domestic violence order put in place in October.

He threatened the woman, and attempted to enter the house via a bedroom window, damaging a flyscreen.

Within a fortnight, Swift was back at the house. When police arrived this time they found him yelling and his partner screaming. She told them he had thrown an iron at her.

“I accept that defendant has some issues,” Sgt Bushell said.

“He was involved in an incident at Murgon or Cherbourg where was hit with a (baseball bat) across his head … but he has to take responsibility for his actions.”

Solicitor Mark Oliver, for Swift, said his client had suffered a brain injury, and also suffered from depression and anxiety.

He said the couple had been together for the last 14 years, and the woman – and their children – were in court to support him.

“They are joined at the hip but there seems to be issues between them,” he said.

“He has had an alcohol problem. She loves him, she wants him, but she doesn’t like his behaviour sometimes.”

He said his client – who was on a disability support pension because of his brain injury – needed help, not imprisonment.

Magistrate Mark Bucknall noted that all Swift’s prior domestic violence charges involved the same woman.

“He’s had every sentencing option,” he said.

Mr Bucknall said in the past Swift had been given suspended sentences, an intensive correction order and immediate parole.

“It seems nothing can abate your behavior,” he said.

“You are the worst type of offender for this type of offence. You have no insight whatsoever into the seriousness of these charges.”

Mr Bucknall said these type of offences could lead to a serious consequence which he would not detail so as not to upset the man’s children in court.

“The court needs to protect the community in general and the aggrieved in particular,” he said.

Swift was sentenced to a total of six months in jail, with a parole release date of February 20, 2013. Convictions were recorded.

The prisoner and his partner hugged and kissed before he was led from the court in custody.