A Ballarat man who was found guilty of repeatedly breaching family intervention orders will only serve four months in prison after he successfully appealed his sentence in the County Court today.
Mark Tuohy will be out of prison next year and placed on an 18 month community corrections order despite concerns from corrections officers he may re-offend.
In the County Court sitting at Ballarat, Judge Michael McInerney described Tuohy’s previous offending as “concerning” and said victim impact statement from Tuohy’s partner was particularly troublesome.
The judge said this was the last chance Tuohy would have to prove he can get his behaviour under control.
"I'm not mucking around with you,” the judge said.
“The person who wrote the report is concerned you will continue to contact your partner; you need to get over it and move on with your life.
"You say you don’t have drug problem, let's hope you are right."
The judge noted Tuohy’s appeal was based on his lack of prior offences for violent crimes but said that does not excuse his actions.
Tuohy has pending matters before the family court and Judge McInerney said this is the only chance Tuohy will have to see his kids again.
“Your interests, your partner’s interests, and seeing your kids depends on you complying with the law,” he said.
“The real issue for you is to turn your life around now and take steps to ensure you don’t go off, because you do this again and don't bring your life under control you will face much more serious charges than this.
“Hopefully this will lead to an appreciation by you that court orders can’t be disrespected and you can’t force your way despite what the court says.”
Tuohy will start an 18 month community corrections order in 2018 which will include conditions to report to corrections officers, supervision orders and enrollment in treatment programs for drugs, mental health and to reduce re-offending.