DRINKING red wine and a can of beer in the presence of a person in breach of an Apprehended Domestic Violence Order (ADVO) has put a man behind bars for 13 months and 15 days.
(min cost $8)
Login or signup to continue reading
Andrew Dylan Stephens, 42, of Tareena Avenue, Kelso, appeared by audio-visual link for sentence in Bathurst Local Court on September 23 after he pleaded guilty the previous month to contravening an ADVO.
According to police documents presented to the court, Stephens and the victim were at an address in Kelso on the night of August 20 this year.
The victim phoned a relative after she and Stephens got into a verbal argument at about 11pm, and asked if they could call police on her behalf.
Police said they went to the address at 11.15pm and saw Stephens standing at the front door.
Police said they noticed Stephens smelt of alcohol, had bloodshot and watery eyes, slurred speech and was unbalanced when on his feet.
Stephens and the victim were separated in order for a version of events to be given, according to police.
At the time, police said they saw two empty bottles of red wine and a can of beer in the kitchen that the victim said Stephens had drunk.
Police arrested Stephens and he was taken to Bathurst Police Station.
The court was told that Stephens breached an ADVO by being in the presence of the victim while he consumed alcohol.
Magistrate Elizabeth Ellis noted that Stephens had numerous previous ADVO breaches and that every alternative to a full term in jail had been given, which included a previous 19-month intensive correction order for the offence.
"Your history has been atrocious," Magistrate Ellis said.
"You don't seem to accept that an order of the court isn't a request but something you must respect."
Stephens' legal representative Mr Dowd told the court it is his hope that Stephens' time in jail - the first full term he has served - will launch him on a positive path.
"People do change. One hopes time in custody will bring a sober response from Mr Stephens," Mr Dowd said after his client's "major alcohol problem" was noted in open court.
Stephens, who has a non-parole period of nine months, will be eligible for release on May 5 next year.
Our journalists work hard to provide local, up-to-date news to the community. This is how you can access our trusted content:
Sign up for our newsletter to stay up to date.