No jail for man who threatened his family with knife
A MAN has a four-month jail sentence hanging over his head after threatening his mother and sister with a knife.
The 47-year-old, who has a history of domestic violence dating back to 1996, was a carer for his mother.
However, Magistrate Damien Dwyer gave the man, who cannot be named, the benefit of a wholly suspended sentence of imprisonment and told him "the ball's in your court".
Either he cleaned up his act or he would be sent to jail. "This is a serious offence in my view," Mr Dwyer said.
The man held the knife in the air while he was in his mother's Mackay home and walked towards the two women. Defence solicitor Zoe Craven said the man had no intention of doing anything but accepted it would have come across as threatening.
His history included assault occasioning bodily harm and multiple breaches of domestic violence orders. "This one involved a weapon approaching two women in their home," Mr Dwyer said.
He pleaded guilty in the Mackay Magistrates Court to contravening a domestic violence order, improper use of an emergency call service and using a carriage service to menace, harass or cause offence.
The man had called 000 and made threats that "tomorrow I'm going to cut some (expletive) head off".
He was also agitated and abusive with a police communications operator during another phone call after they'd been made aware of the first call.
Ms Craven said he had been drinking that night and the words were spoken in the heat of the moment.
"If you can't handle your grog, get off it," Mr Dwyer said.
"It's just stupid, childish and you should know better."
The man was jailed for four months to be wholly suspended for two years, was placed on a $2000 12-month good behaviour bond and a 12-month probation order.