A MAN who assaulted a woman and threatened their unborn child at Dubbo has avoided a jail term and instead been ordered to serve bonds.
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The 28-year-old grabbed the victim by the neck twice and also told her to stand up so he could "upper cut" her and said he would not be leaving until the unborn child was dead.
Magistrate Andrew Eckhold said the jealousy displayed after alcohol consumption was a particular feature of the offences he saw at Dubbo.
The man pleaded guilty to two counts of common assault and to intentionally damaging an interior door of the woman's house.
Common assault carries a maximum penalty of two years' imprisonment.
In Dubbo Local Court Mr Eckhold ordered the man, who cannot be named for legal reasons, to serve three-year good behaviour bonds for each of the offences.
The magistrate told the man: "I hope you are embarrassed to be here''.
Court documents show the man had been drinking when he asked the woman: "When is he coming here?"
When she asked "who?", the man grabbed her neck and held it firm.
He said: "Don't say who to me you c--t."
The victim moved backward and broke his grip, and then he grabbed her by the neck again and held it firm for a further three seconds, court documents show.
Once he had let go he made a further threat.
"Stand up so I can upper cut you," he said.
"I'm not leaving here until it is dead."
Court documents show he was referring to the unborn child.
He then told the victim she would be getting a DNA test.
The woman told the man if she was with someone else she would not be "here putting up with this".
Later the same night he went into his room and shut the door and punched it at least five times.
The defence conceded the offences were serious.
The man had since taken steps, engaging with Magistrates Early Referral Into Treatment (MERIT), a voluntary program to address substance abuse, and said it had given him tools for the future, the defence submitted.
Mr Eckhold said the man was lucky he was not going to jail.
He said the reason he was giving the man an opportunity with the bonds was because of his pleas and that he had completed MERIT.
"I'm having to step in on behalf of the community to protect your children from you, your partner from you," Mr Eckhold said.
The man said thank you to the magistrate after hearing his sentence.
