Facing Griffith Local Court for making a threatening phone call, a man has come away without a conviction thanks to his "very good character" and unblemished criminal record.
The virtues of Kirsten Lang Condon Dal Broi were highlighted on Wednesday by his legal representative David Davidge, who worked to show this was a "one-off aberration" without the chance of him coming before court again.
In a 46 second phone call, the victim was asked if he was going to have dinner. When the response was yes, Dal Broi said "well enjoy it, as it's going to be your last."
Feeling scared and threatened the victim called the police, who were able to identify the blocked phone number through reverse call records.
When police visited Dal Broi, he said he had never called the victim and denied any knowledge of the phone number.
When told the number was registered in his name, Dal Broi said "well it shouldn't be."
It reached a point, where it touched on him and his family, that elicited that particular... comment.David Davidge
Mr Davidge outlined there was a "contextual vacuum" and extensive history with Dal Broi's family and the man he threatened, indicating to a thick manila folder filled with Facebook content written by the victim on Dal Broi and his family including his father, the mayor.
"The offender is named a few times in these epistles," Mr Davidge said.
"It reached a point, where it touched on him and his family, that elicited that particular... comment."
Mr Davidge said the numerous references provided to the court all painted Dal Broi as someone of "very good character."
"They all say they were surprised... it does not fit with his character," Mr Davidge explained.
"He is a 40-year-old man with a young family. This eruption of temper was not just inappropriate but criminal."
Magistrate Boulos said it was clear there was "strong animosity" between the two, yet said the action was "inappropriate and obviously criminal."
She accepted the submissions that this was clearly an "aberration" from an otherwise hard-working family man.
"You have genuinely demonstrated remorse and contrition," she said to Dal Broi.
Ms Boulos considered his unblemished criminal history, early plea of guilty, and character references "of the highest order" when placing him on a 12 month community corrections order, without a conviction.
She was confident he would "never come before us again."
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