Ballina brothers back before court as one returns to community despite long history
Two Ballina brothers have appeared before the same court on domestic violence matters — just days after one was the subject of a Ballina News Daily investigation into a decade-long history of offending.
Bradley Presbury, 30 — who we reported on earlier this week for his links to a notorious animal cruelty case and a fatal Ballina assault — appeared by video link from custody.
His brother, Benjamin Presbury, 31, appeared in person before Judge Kathy Crittenden in Ballina Local Court yesterday.
The matters are separate and involve different protected people.
Interim AVOs in place
In both cases, the court made interim apprehended domestic violence orders, meaning temporary protections are now in place while the matters proceed.
Under the interim order, Bradley Presbury must not assault, threaten, stalk, harass or intimidate the protected person.
He must not contact that person except through a lawyer and must stay at least 100 metres away from any place they live or work.
Benjamin Presbury is subject to similar conditions, including no contact except through a lawyer and a 500-metre exclusion from the protected person’s home or workplace.
He must also avoid places the protected person may attend for study or childcare and is prohibited from possessing firearms or prohibited weapons.
Ballina Local Court
One in custody, one in the community
Bradley Presbury remains in custody after being sentenced in Lismore on domestic violence and drug matters.
He was convicted of stalking or intimidating with intent to cause fear of physical harm.
He received a 20-month sentence, backdated to April last year, and due to expire on December 5 this year, however he will be eligible to be released on parole next month.
He was also convicted on four counts of supplying a prohibited drug, receiving identical concurrent sentences.
In a separate matter, he pleaded guilty to assault occasioning actual bodily harm and was sentenced to one month in custody also to be served concurrently.
He was initially refused bail when proceedings began in March last year, later granted bail following a guilty plea, before that bail was revoked on April 15.
In contrast, Benjamin Presbury — who pleaded guilty to multiple domestic AVO breaches and using a carriage service (telephone) to menace, harass or offend — is serving his sentence in the community under an intensive correction order.
He was sentenced to 12-month prison terms to be served in the community until April 21, 2027.
On the carriage service offence, he was convicted but no further penalty was imposed, subject to a two-year good behaviour bond.
His criminal history includes prior AVO breaches and a 2020 Moree District Court sentence of three years and three months for offences including dealing with proceeds of crime and firearm-related matters.
What happens next
Bradley Presbury’s matter will return to Lismore Local Court on May 6.
Benjamin Presbury’s matter is due back before the same court on May 20.
Interim AVOs remain in place for both men.
The outcome leaves one brother behind bars — and the other back in the community despite a significant and ongoing court history.
