DV breach gets probation
AN ARGUMENT over sex landed a 54-year-old Proserpine man in Proserpine Magistrates Court for breaching a domestic violence protection order on Monday.
In the early hours of May 11 this year, police were called to an Anzac Rd address where the man and his partner were yelling.
Police prosecutor Senior Constable Hannah Beard said both parties had reportedly been drinking throughout the day and at 1.40am when the man's partner had refused sex, she put her hands over her ears so as not to listen to him.
He pulled her hands away, bending her fingers and causing her pain.
Aboriginal and Torres Strait Islander legal service's Jennine Kiely said her client had since given up drinking because of a heart attack and now had a clear head during arguments.
"He said he wasn't forceful in regards to sex, he was a little persistent,” Ms Kiely said.
"He is remorseful and at the time he told police, 'I know I have done the wrong thing.'”
Magistrate Simon Young sentenced the man to 12 months' probation, with a mandatory behaviour program. A conviction was recorded.