DV attacker took photo of victim giving evidence in contempt of court jailed for more than four years
The man used a mobile phone to photograph his victim as she gave evidence while he was sitting in a court dock, file photo. (ABC News: Berge Breiland)
In short:
A man who pleaded guilty to contempt of court charges for photographing his DV victim has been sentenced for the contempt charges and separate domestic violence charges.
The man was sentenced to 14 months and two weeks for the contempt offending, while Judge Emily Telfer set a jail term of three and a half years for domestic violence offending.
What's next?
The man will be eligible for parole in early 2028.
A man who photographed his "vulnerable" domestic violence victim as she gave evidence and sent her threatening messages while he was standing trial, and also filmed the prosecutor in the court precinct, has been jailed for more than four years.
WARNING: Readers are advised this story contains details that some may find distressing.
The 31-year-old man, who ABC News has chosen not to name to protect the identity of the victim, was found guilty of attacking his then partner — smashing a plate over her head — because he had become "wound up" when he could not find his car keys to leave for work.
In sentencing, South Australia District Court Judge Emily Telfer said the man had first punched the woman before reaching for the nearby plate during the incident in early 2021.
"[She] sat up and broken pieces of a plate fell off around her," Judge Telfer said.
"She went to the bathroom and her face had been cut open. The wound was so deep that she could see the bone."
The judge said the man told the woman to tell hospital staff that she had fallen in the shower.
Judge Telfer said the resulting lacerations ran from the top of the woman's head and down her face, requiring surgery and leaving a permanent disfigurement.
"It left her with a visible scar that even by the time of trial was clearly apparent," she said.
The judge said the scar was "a constant reminder of the trauma you inflicted" and had impacted the woman's ability to return to work as a hairdresser, which Judge Telfer described as "an occupation which necessarily places her constantly in front of mirrors being reminded of her physical appearance".
Contempt charges
Judge Telfer said while standing trial, the man also took an image of the woman while he sat in the court dock and she gave evidence via video link from a vulnerable witness suite.
Emily Telfer says contempt laws exists to protect the course of proceedings from interference. (ABC News)
On the same day, he filmed the trial prosecutor in the court precinct — and was later warned about that conduct, while a further alleged incident led to a ban on him bringing a phone to court.
While the trial was running, in early last year, the man also sent the woman a series of abusive and threatening messages from a fake social media account, which included a threat to "shiv" her, calling her a "rat dog" and saying "you're dead".
One of those messages included the image he had taken of her giving evidence, which he had altered with an abusive message.
"It was purely good fortune that [the woman] did not receive any of those outrageous and abusive messages during the time she was giving evidence," Judge Telfer said.
The man was found guilty of a charge of aggravated recklessly causing serious harm, and later pleaded guilty to four counts of contempt of court for the use of his phone and abusive messages.
He had also stood trial for other domestic violence, but was found not guilty of the other charges.
On the day he was found guilty, he also emailed the prosecutor using a fake name — but from an email address bearing his own name — making remarks about his former partner and telling the prosecutor to "prosecute actual perpetrators" in the future.
The man pleaded guilty to contempt charges in Adelaide's District Court. (ABC News: Che Chorley)
Police also later found videos of the prosecutor on the man's phone, suggesting he was "gonna get shot".
Judge Telfer said contempt laws existed to "protect the course of proceedings from interference" and to "safeguard the fairness and integrity of the proceedings".
"The due administration of justice requires that people who access the courts must not have their access hindered by threats of any kind," she said.
"Your conduct had the potential to substantially disrupt the trial."
Judge Telfer said she concluded the man had "intended" the woman would "feel frightened about the consequences of her giving evidence".
"Your words contained specific threats and included abusive references," she said.
"Witnesses who come to court to give evidence, especially vulnerable people like [the woman], are entitled to feel safe about their participation in the court process."
Similarly, she said the prosecutor was "simply doing his job" and also "entitled to feel safe and perform his important duty unimpeded".
"The ability of lawyers to perform their roles is a critical part of the proper administration of justice," she said.
Offending has 'lifelong consequences'
Judge Telfer said the pair had a "tumultuous and dysfunctional" relationship, while the man's methylamphetamine use and autism "no doubt presented barriers" for the man's ability to engage in a more functional relationship.
But, she said, despite his difficulties, there was "no justification whatsoever" for his attack on his partner, and warned he would need to build emotional skills ahead of any future relationships.
"Offending of this kind has lifelong consequences for victims, which can be physical and psychological,"she said.
Judge Telfer imposed a sentence of 14 months and two weeks for the contempt offending, but after accounting for time already served, the man has just over four months remaining.
She said after that sentence expired on July 22, he would be jailed for the domestic violence offence. For that offence, the judge set a jail term of three and a half years with a non-parole period of one and a half years — meaning he will become eligible to apply for parole on January 22, 2028.