Marco Paulo Fernandes Duque Do Nascimento (37) appeared in the Magistrate’s Court on Tuesday. Speaking with the help of an interpreter, he pleaded guilty to breaking the order.
Paul Lee, a police legal adviser, explained how the defendant and complainant had begun arguing before the accused later sent threatening text messages to her.
Following this, on 12 March, a restraining order was imposed on Do Nascimento, stopping him from contacting the woman indirectly or directly.
However, Mr Lee told the court that the defendant broke the order almost straight away, waiting for her as she walked to and from work and threatening to kill her.
‘She pleaded with him to leave her alone but he said, “no”,’ Mr Lee said.
‘She then walked away and contacted her relative, who then called police. It then transpired that he had tried to contact her on a number of previous occasions.
‘She did not report the other offences because she knew he might go to prison and was worried about the effect that might have.’
He added that in a conversation recorded by a third party, Do Nascimento had also said he had a hammer in his car and that he wanted to cause harm to the woman.
However, Advocate Michael Haines, defending, said that his client was not a violent person, had no previous convictions and had made the threats and remarks because he was ‘blinded’ by emotion.
‘He has already spent three weeks in custody and this has given him an opportunity to reflect on his behaviour and how he should conduct himself going forward. He is asking the court to give him a chance,’ Advocate Haines said.
‘He is not a violent man. He has no history of domestic violence but he wears his heart on his sleeve. He is a very emotional man and that is what blinded him.
‘When he met her in the park on 13 March he took flowers. He knows this is his last-chance saloon and that if he comes back before the court, it will not be as tolerant.’
However, Relief Magistrate David Le Cornu noted that although Do Nascimento had tried to give the woman flowers, he had also made threats to kill her.
Announcing the court’s sentence, he said: ‘The court gave you a considerable chance when it imposed a probation order for the original offence, but it is clear to this court that you have no intention of obeying court orders or complying with any probation orders.
‘You are before this court for breaching a restraining order imposed by this court and it is quite clear that from the day it was imposed you began to breach it, culminating in the events on 12 May.
‘I have listened to all that Mr Haines has said, but in the circumstances I sentence you to six months in prison. I hope that will teach you that the court expects orders to be respected.’
The court also issued a new five-year restraining order.
