Case Note – Breach of DVO – When offending occurs on Board-Ordered Parole

Murray Torcetti Lawyers are criminal lawyers in Caboolture. We write our own case notes from recent criminal decisions for internal purposes.

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DYN v Queensland Police Service [2020] QDC 47


The defendant was sentenced on two counts of breaching a Domestic Violence Order (“DVO”) by a Magistrate, he received 18 months and 12 months respectively.

The defendant breached a DVO, there was a condition not to contact the aggrieved or go within 50 meters of her. The defendant contravened the order by texting complainant almost every day, and on one day, rang her 81 times leaving messages to the effect that he loved her. The behaviour then escalated, the defendant knocked on the complainant’s window, called her an “sick bitch” and continued to bash the rear window as she ran upstairs to hide. The defendant made a threatening phone call saying words to the effect of “you are going to die, I’m going to kill you” the police then attended the residence, the defendant attempted to evade apprehension.

Whilst there is a lack of physical violence, there was physical intimidation and aggressive behaviour, death threats and persistent contacts via phone.

The defendant had significant recidivism for like offending and a continuing attitude of disobedience of the law. On 11 occasions he had served periods of imprisonment. He had been convicted of breaching DVO’s on 23 separate occasions. His history also includes assault occasioning bodily harm, wilful damage and a recent common assault. The defendant had reoffended was on parole on seven separate occasions.

Finding: The District Court imposed 12 months the charge one and 15 months for charge two with parole set after serving 40%.

Notes for practice:

  • Look at the criminal history and date of offending, if “eligible for parole” appears on the history and offences post date eligibly date but fall within full time release date check with parole to see if offender was on court ordered parole as it will not invoke the rule requiring the court to set another parole edibility date.

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