Roma man jailed for vicious DV attack on partner
A Roma man was sentenced to three months in prison for a horrific attack he launched on his partner that had such force it caused her to momentarily black out before punching her a further three times and spitting on her face.
The 58-year-old truck driver, who cannot be named to protect the identity of the victim, pleaded guilty to 10 offences in the Roma Magistrates Court on Thursday, March 17 including four counts of breaching bail and one count of assault occasioning bodily harm in a domestic violence setting.
The majority of offences occurred in Roma between August 28 and November 20 last year.
The police prosecutor said the most concerning offence before the court occurred on October 31, 2020 when the victim suffered a “blow to the head”.
Magistrate Peter Saggers recounted to the court that at 7.30am the man visited the victim’s home and was answered by her friend, so he pushed his way inside.
The defendant called the aggrieved a “c–t”, “sl-t” and “hoe” after he accused her of stealing his cologne.
“You followed her outside and continued to verbally abuse her, subsequently you punched her in the left ear with a closed fist,” he said.
“She said as a result of being punched, she felt immediate pain in her ear, you punched her with enough force to make her head rock backwards.
“When you punched her, she saw yellow and heard a ringing sound and made her unsteady on her feet.
“You then hit her another three times in the head with an open hand then spat directly into her face.”
The injured woman was taken to hospital and the defendant was granted bail the following day with conditions to have no contact with the woman, part of her police protection order.
The court heard the abuser contacted the victim that evening and told her he respected loved, and cared for her.
The magistrate was dumbfounded with what he was reading, asked the defendant “you don’t honestly believe that”.
“The behaviour you showed towards her, punching her in the head, punching her in the face then spitting at her, then in a text message the following day say you are honest, caring and protective…,” he said.
Noting the Court of Criminal Appeal, the magistrate told the court that domestic violence is insidious and a serious problem in society.
“Perpetrators of serious acts of domestic violence, which I find this was, must know that society will not tolerate this type of behaviour,” he said.
“They can expect the courts to impose significant sentences of imprisonment involving actual custody that deters individual offenders and others who may think they can commit such acts without consequences.”
Solicitor Laurie Parker told the court he had dealt with this client throughout multiple years, mostly for driving offences.
Mr Parker said his client started dating the woman 12-18 months ago.
“This particular person was addicted to ice Your Honour, and he instructs me that she would get onto my client about giving her money to go get drugs, then she would go to police,” Mr Parker said.
“Not excusing his behaviour, but it’s a toxic relationship.”
Police prosecutor sergeant Heather Whiting informed the court that the defendant previously breached a DVO in 2014 against a different aggrieved and was sentenced to imprisonment with immediate parole.
The magistrate imposed a 12-month head sentence for the assault offence and three-month sentences for the other offences, to run concurrently.
And for failing to appear in court on March 3, the man was fined $500.
He paused for a moment to decide whether the man should serve actual time in jail.
“I’ve heard what the prosecutor and Mr Parker have had to say about the matter … the court of appeal have made it clear in my mind, that perpetrators of serious domestic violence must know that society will not tolerate such behaviour and they expect the courts to impose significant sentences involving actual custody,” he said.
“I cannot see how a person who punches a woman in the left ear with a closed fist, causing her pain with enough force to make her head rock backwards … who then pushes her in the head another three times then spits directly into her face, how that can be described as other than serious domestic violence.
“It will not be tolerated, others must know that.”
The man was sentenced to three-months jail, suspended after two years.