Jail for third DVO breach

A MAN was sentenced to jail in Gladstone Magistrates Court on Thursday for his third breach of a domestic violence order.

Mark Edward Nowlan pleaded guilty to one charge of breach of order.

Police prosecutor Senior Constable Brad Reynolds said the domestic violence order was issued on November 11, 2009 at Biloela.

On April 8 this year Tannum Sands police went to an address where the defendant had assaulted the aggrieved person by pushing her off a chair after she wouldn't give him his car keys because he was drunk.

It was also alleged he pushed her a second time but the defendant denied this. The couple were attending a barbecue at the time and the incident happened in front of witnesses.

Snr Constable Reynolds said Nowlan had been cooperative with police.

Barrister David Murray, who represented the defendant, told the court the defendant and the aggrieved person were still together as a couple.

“My client is the main breadwinner and if he is jailed his wife and children will have no income for that period,” Mr Murray said.

Mr Murray said Nowlan was currently undergoing counselling, which seemed to be working.

Magistrate Damian Carroll said this was Nowlan's third breach of the domestic violence order.

On February 11 Nowlan had been placed on a probation order and a suspended jail sentence for a previous breach of the order.

“This incident involved violence and I need to send a message to you and others that domestic violence will not be tolerated,” Mr Carroll said.

“I will activate part of your suspended sentence. You are sentenced to three months jail with a parole release date of one month,” he said.

“You were so seriously intoxicated that you can't remember what happened.”

Nowlan was also penalised with a fine of $200 or, in default, three days' jail, for breach of probation.

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