Two months jail for death threats 'manifestly excessive'
UPDATE: A MAN sentenced to six months jail for domestic violence charges in February has had an appeal of the severity of the sentence upheld.
The man, who cannot be named for legal reasons, took his appeal to the Ipswich District Court on Wednesday this week.
The man had earlier been sentenced over charges relating to an incident in which he snatched his ex-partner's child from school and made threats to kill himself and the child.
Though the convictions for charges including contravening a domestic violence order, possessing a restricted item under the weapons act, possessing explosives and assault or obstruct police, are upheld, Judge Alexander Horneman Wren ordered that the sentence of six months jail imposed by Magistrate Debra Vasta on February 15 in relation to two of the four counts be set aside.
In relation to two of the four counts, Judge Horneman-Wren ordered the defendant be convicted and not further punished.
In addition, Judge Horneman-Wren ordered the Queensland Police Service to pay $1800 in legal costs.
INITIAL: BELIEVING his ex-partner had a boyfriend, an Ipswich father snatched the couple's five-year-old son from school and threatened via text message to kill the boy and himself.
He was ordered to serve two months in jail for the crime, a sentence he claimed was manifestly excessive.
The 37-year-old was jailed for six months with parole release after serving two months in Ipswich Magistrates Court in February, a sentence he unsuccessfully appealed in the Ipswich District Court yesterday.
During the original offence, the man demand the victim tell him her boyfriend's name.
"The only man in my life is (the child)," she told the man via text message.
"I can change that," he said.
Concerned for the welfare of her son, the woman contacted police and they went to the man's home where they kicked down the door.
The man flung open a curtain and roared at police, before he picked up the child and tried to take something from a kitchen draw filled with serrated knives. The man had a telescopic baton and handcuffs in a gun safe in his home.
Police diffused the situation and the man was arrested. It happened days after a temporary protection order was served on the man.
He pleaded guilty to four charges including contravening a domestic violence order, possessed a restricted item under the weapons act, possessing explosives and assault or obstruct police.
Defence lawyer Stephen Kissick said at the original sentence in February, the magistrate took matters into account that were not not relevant to sentencing.
He said comments about his "behaviour suggests the next victim would be on the front page of the Courier Mail" suggested the magistrate had "committed a palpable error".
Judge Alexander Horneman-Wren said strong grounds for appeal were not demonstrated and there was nothing before him to suggest the sentence was out of range.
The appeal was dismissed.
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