A LACK of community work availability is restricting the use of some court sentences in a situation labelled “utterly ridiculous” by a magistrate.
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Certain non-jail sentences require offenders to work in the community, but a lack of staff means the option is unavailable on weekends.
Magistrate Tony Murray recently had a man assessed for home detention after he was deemed unsuitable for an intensive corrections order due to the lack of work availability.
“It’s utterly ridiculous at the moment,” he said.
He wondered who in their right mind would forgo the sentencing option in favour of going to jail.
He made the comments during a hearing for Mark Damien Triffett, who had been placed on a seven-month suspended sentence for domestic offences.
The 46-year-old breached the sentence, which meant a new sentence needed to be imposed.
Triffett works two jobs, which meant he would be unable to do community work during the week.
Mr Murray then handed down a seven-month jail term, with a two month minimum, but Triffett may serve it by way of home detention at his East Albury house.
The 46-year-old had been in a relationship with his victim for 22 years, but it ended in June 2015.
She took out a domestic violence order against him, banning him from going within 100 metres of her home, contacting her in any way, or approaching her.
Between October 16 and November 20 last year, Triffett sent her more than 500 text messages.
Police said the messages were at times vulgar, calling her a bitch and a slut, with Triffett interfering with her life through social media.
He posted derogatory material on her work Facebook page and she pleaded with Triffett to cease contact.
The case will return to Albury court on October 11.
A Corrective Services NSW spokeswoman said community work was “temporarily unavailable” on weekends, but available weekdays.
“Corrective Services NSW is always looking for new partnerships with community organisations,” she said.