The man was originally sentenced in Maryborough Magistrates Court.
The man was originally sentenced in Maryborough Magistrates Court. Valerie Horton

Man texts victim: 'There will be a bloodbath today'

"THERE is going to be a bloodbath today."

That was the chilling text message a Maryborough man sent his victim on Christmas Day, 2015.

His frightening warning was one of a number of breaches of a domestic violence order imposed on him by the court.

And as a result, the man, 43, was sentenced to 12 months' jail (with parole eligibility after three months) on three charges of contravening a domestic violence order and one charge of common assault.

Twelve months later - just before Christmas - he was back in court, appealing the severity of the jail term, which he argued was "manifestly excessive" and did not take into account his rehabiliation.

But District Court Judge Ian Dearden dismissed the appeal, finding the sentence was not excessive considering the man's extensive criminal history.

The appeal court on December 9, 2016, heard the defendant had 22 previous convictions relating to breaching domestic violence orders.

Judge Dearden noted the man had breached a new domestic violence order the day it was handed down on December 16, 2015.

It was just nine days later he had threatened the victim with a "bloodbath" on Christmas Day.

Judge Dearden said he did not intend to repeat the content of the messages, which contained bad language, racist tones and at least one threat of violence.

He said the 22 previous convictions had left the appellant in an "unenviable" position.

Judge Dearden said the magistrate who had imposed the jail term had needed to balance issues of deterrence with the prospect of rehabilitation.

The man completed the Safe Choices program run by Uniting Care Community at Hervey Bay to address issues such as anger, domestic violence and strategies to deal with conflict.

"It is enormously to the appellant's credit that he undertook the course but, as I will observe shortly, the learned magistrate, having received detailed, helpful and comprehensive submissions from Mr George, was well alive to the completion of the course by the appellant."

The court also heard details of the man's struggle with mental health issues, including bipolar.

Judge Deardon dismissed the man's appeal.

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