Gesture from accused upsets magistrate during sentencing
A 32-YEAR-OLD Braunstone man who assaulted his partner in front of their children has been placed on an intensive corrections order for nine months.
But Jay Jay Calton, who pleaded guilty to charges of common assault and intimidation when he appeared in Grafton Local Court yesterday, came close to a full-blown prison sentence.
While he received his sentence from Magistrate Karen Stafford, Calton made a gesture with his head that annoyed the magistrate.
"I'm about to give you an intensive correction order," Ms Stafford said.
"If your attitude in court is not appropriate I will have little option but to do something different.
"I have to make a decision on a penalty that will allow me to give you a sentence that will stop you from reoffending."
Ms Stafford said the sentence needed to be more than a good behaviour bond, because of Calton's poor record.
She expressed some surprise that he had been assessed as suitable for an ICO based on his record, which included DV offences in another town.
The police facts in the case said Calton had abused and insulted his partner while she was watching rugby league on television with her nine-year-old son.
The victim noticed Calton becoming "vocal" and because she was aware of his behaviour when drunk, sent her son away to be with his sisters.
A period of drunken altercations followed until police arrived at the property to be flagged down by two distraught female children who told them to go to the house quickly.
They arrived to find the accused waving a tree branch and yelling at them.
Police forced him to the ground and handcuffed him. They noticed a strong smell of alcohol on him.
Calton was also given a four-month ICO for breaches of bonds.