Ballarat policeman avoids conviction for family violence offences

The man, who The Courier has chosen not to name because he did not receive a conviction, pleaded guilty at the Ballarat Magistrates' Court on Thursday after receiving a sentence indication.

He was charged with making a threat to kill, assault and possessing firearms without a licence, however it is not alleged the firearms charges were related to the family violence incident.

The prosecution summary obtained by The Courier details a family violence incident in October 2019 in which the man, intoxicated, verbally abused his then wife and child during an argument.

The document states the man threw a fork and attempted to throw a punch at one of the victims, before throwing their possessions at the ground.

The man made a threat to kill one of the victims and one of his children called triple zero.

Police found firearms when they searched the house and checks showed the man's firearm's licence had expired.

Defence lawyer David Tamanika sought a sentence indication to know whether the man would receive a conviction or non-conviction.

Where this offence is a one of, isolated offence, I am not convinced the accused as a member of Victoria Police acts as a significant aggravating factor.

Magistrate Jonathan Klestadt

Mr Tamanika said his client had a different recollection of the incident, but a sentence indication could provide an avenue for resolution.

He said a conviction would have a significant impact on his client's future, as he was a member of Victoria Police and was currently suspended from employment.

"The key issue here is ongoing employment," he said.

"There had been a deterioration of their relationship for some time.

"This was a terrible incident that went way too far."

Mr Tamanika submitted the man was a first time offender and he was unlikely to re-offend if he was given the opportunity to move forward and learn.

"A conviction is not going to help him move forward and rehabilitate," he said.

"A conviction will add nothing further to a sentence other than restrict what he can do moving forward."

The prosecutor said family violence was a serious offence, especially for a member of Victoria Police and submitted a non-conviction was outside the range.

"The two victims the violence was directed at had a right to feel safe in their own home," she said.

"The difficulty is the applicant's history as a member of Victoria Police goes both ways.

"He has a lifetime of community service, but on the other hand this is family violence committed by a member of Victoria Police."

Mr Tamanika said there were elements of the offending that removed it from his job and did not relate to how he operated as a serving member.

Magistrate Jonathan Klestadt said the charges were significant and he had no doubt the incident had a significant effect on the victims' emotional well-being.

He said he had regard to the fact the man was intoxicated when the offending happened.

"Family violence is of course to be condemned, irrespective of the circumstances of the perpetrator or victims," Mr Klestadt said.

"While this family violence can be seen on the lower end of the scale, it has nevertheless had a significant adverse affect on its victims."

Mr Klestadt said the man's long service to the community and lack of prior convictions must be taken into account in his favour.

He said he did not accept the prosecution submission the man's role as a police officer and knowledge of the impacts of family violence were aggravating features.

"Where this offence is a one-off, isolated offence, I am not convinced the accused as a member of Victoria Police acts as a significant aggravating factor," Mr Klestadt said.

The man was sentenced to an 18-month community corrections order without conviction.

He will be required to complete a men's behaviour change program and assessment and treatment for alcohol abuse.

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