Abusive texts on child sex claims

A CAIRNS man who threatened to kill his former partner and made a series of sexual comments about her young daughter, all via text message, will not serve time in jail.

The 43-year-old construction worker, who cannot be named to protect the young girl’s identity, was sentenced in the Cairns District Court yesterday for using a carriage service to transmit child pornography, child abuse, threaten to kill and threaten to harm his ex-partner.

The court heard that over several weeks in late 2011 he sent the woman 320 messages, including a series of threats including stomping on and slitting the woman’s throat.

Twenty-three of them constituted category four level child pornography which related to descriptions of sex between an adult and child.

But the man’s barrister Roger Griffiths said the messages had come after a tumultuous relationship breakdown where he had heard the woman was spreading rumours he had sexually assaulted her 10-year-old daughter.

He said the child did not see the messages and they were never intended for her.

“They were entirely made out of anger for the allegations made against him,” Mr Griffiths said. “He was doing his level best to be as offensive ... as he possibly could.”

Judge Dean Morzone sentenced him to nine months’ jail, but released him immediately on a good behaviour bond. The court heard the man had a lengthy criminal history, but had not been in trouble since 2009.