A Dubbo man who publicly apologised to a woman he savagely attacked, says he's "now seeking ways to be a better man".
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Jason James Elliot, 43, has been spared a jail sentence in Dubbo Local Court, after attacking a woman two months after their relationship had ended in an aggressive case of domestic violence that left her with breathing difficulties and blurred vision.
According to police Elliot went to the woman's home about 11.30pm on June 11 and was sitting at the dining room table when he began accusing her of seeing other people.
The argument began to escalate before Elliot punched the woman in the mouth causing her to fall off her chair onto the floor.
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A struggle between the two ensued, before Elliot grabbed the woman by the hair and dragged her into a bedroom where he pushed her against a dresser and headbutted her several times.
Police said the woman crouched down onto the bedroom floor and used her arms to cover her head, when Elliot continued to repeatedly kick her in the stomach.
I'm sorry for choking you, you must have been feeling very scared and confused
- Defence lawyer Kim Ibbott on behalf of Jason James Elliot
The victim made her way to the hallway where the struggle continued. While the woman was on her back Elliot knelt on top of her and placed one knee on her throat and the other on her throat.
According to police the woman's breathing was affected and her vision became blurry.
She said "you're going to kill me" when Elliot replied "I don't care, I don't care, I'm going to kill you".
Fearing for her safety, she scratched Elliot's arms and chest, before she bit him on his forearm. Elliot finally got off her when she fled outside the house and called police.
In Dubbo Local Court on Wednesday, Elliot pleaded guilty to stalk and intimidate indenting fear, domestic violence related common assault, assault occasioning actual bodily harm and intentionally choking a person.
Defence lawyer Kim Ibbott said Elliot worked as a cleaner and maintenance person at a local club, and had initially entered pleas of not guilty because he did not agree with the statement of facts police had prepared.
Mr Ibbott said pleas were changed to guilty after Elliot "thought the whole thing through" and wanted to avoid lengthy legal proceedings.
"He acknowledges the essence of what he did was violent and wrong. He takes full responsibility," Mr Ibbott said.
The court heard the "very serious tragic one-off incident" of domestic violence took place after Elliot had received a text from the woman claiming he failed to respond to a message from the school about COVID-19 testing.
Mr Ibbott said Elliot claimed he never received a message and went to the woman's house as he was annoyed she didn't believe him and wanted to "convince her".
Through his lawyer Elliot publicly apologised to the woman.
"I'm sorry for choking you, you must have been feeling very scared and confused," Mr Ibbott read.
"I'm seeking out ways to be a better man."
Magistrate Theresa Hamilton said while she recognised the incident would have been "quite a terrifying incident" for the woman, her injuries were "not of the most serious nature".
"There was a small laceration to the victim's lip and redness to the chest," she said.
She said Elliot had no history of domestic violence, and had since engaged with a number of services for anger management and his behaviour.
"The defendant has one relevant conviction, 23 years ago for common assault and a damage property," Magistrate Hamilton said.
"He's provided references, he's obviously well thought of at his work."
Elliot was convicted and sentenced to a two-year community corrections order.