Dubbo bartender jailed for injuring, intimidating and choking partner

The Dubbo man was sentenced for domestic violence-related common assault, two counts of assault occasioning actual bodily harm, intentional choking without consent, and intimidation intending to cause fear for physical or mental harm.

The offender has not been named to protect the identity of the victims.

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Court documents reveal the man was a bartender and had been in an intimate relationship with his then partner for six months.

On Thursday, August 4 last year, the victim stayed home due to sickness. About midday, an argument between her and the offender escalated and he pushed her in the chest with both his hands. She had been standing near the toilet door, which opened and she fell to the floor.

The court was told the victim hit her head, and her forehead became bruised and swollen. She tried to get up but the man pushed her back down. He then grabbed the victim's neck with his hands and squeezed tightly around her neck. She had difficulty breathing and told him to let her go.

The victim got back up and the man pushed her into the wall. Police said he got into his vehicle and told her he was going to "kill himself". He also took the victim's phone and car keys.

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A month later, the victim told the man she would be visiting her grandparents for Fathers' Day and asked him to accompany her. An argument ensued after he said he would not go.

The court heard when the victim tried to leave the house, the man "grabbed" her and "dragged" her back inside. He threw her against the wall near the front door. Her jacket ripped and the impact bruised the victim's leg. He also slapped her with a McDonald's bag.

The offender then took the woman to the bedroom and snatched her wrist watch off. He took her phone and keys from her.

The man's daughter was present at the location.

The victim left the location a short time later and soon received text messages from the man asking her to return. The victim told him she was "done".

"I'm currently in the shed with a noose around my neck, [daughter] is inside watching a movie," the man messaged the victim. She became concerned and asked a friend to check on him.

Later that evening, the offender continued to text the victim. In one response, the victim told him "you should never pick me up and touch me like that".

"Yes I know... when you get me that angry I don't think," the man responded.

On October 8, 2022, he made 30 attempts to contact the victim between 3.20am and 4.10am using various methods of contact including social media. Two days later, the victim reported the incidents at Dubbo Police Station. She provided a statement, photos of her injuries, and screenshots of messages from the offender.

The man was arrested at Club Dubbo on Whylandra Street two days later.

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In court on Thursday, defence solicitor David Hemsworth requested the court to find special circumstances in his client's case when sentencing. He said the man had experienced "persistent punishment" from his father during his childhood and sexual abuse by a school staff member without mentioning further details.

Mr Hemsworth also pointed out the man's sentence assessment report (SAR) which referred to his mental health. He said the man did not seek counselling after the first lot of violent offences but had done so now.

"In the SAR... he displays fairly significant insight in relation to what he's done. He said to me he hates himself for what he did and the [partner] was the last person he'd want to hurt in the world," he said.

"He also made a comment about... [being violent] in front of his daughter. He's someone who has experienced violence at home as a child and understands what that can do."

The solicitor also said it was his client's first time in custody and he outlined the violence he had experienced behind bars.

"He underwent some issues during his couple of weeks in remand. He was asked if he wanted to buy some drugs and he refused and he was beaten in the kitchen. Some days later, the same people did the same thing in his cell. It's some degree of shock in custody for someone who's not experienced that. The [beating] was quite serious, he was kicked in the back of head and stomach. After that hes had a better time," Mr Hemsworth said.

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Magistrate Gary Wilson said domestic violence was a very serious and significant crime that unfortunately happens "all too often" in this community.

"[Domestic violence] takes up a large portion of all matters that come to this court," he told the offender. "Assault occasioning actual bodily harm, choking without consent are all up there as you are well aware. They all took part in the home, one of them unfortunately took place in front of your child."

Mr Wilson noted man had a "very limited" criminal history and had nothing on his record at the time of the offending.

"I'm going to [give] one sentence for the four charges, its an aggregate sentence backdating to sentence to 10 October 2022, when you went into custody," Mr Wilson said.

"Some compelling submissions were made in relation to special circumstances, the ratio between [parole and non-parole] has been significantly varied."

He said there was no other alternative than to impose a custodial sentence.

"I don't consider an intensive correction order in light of this offending is appropriate. I certainly have regards for relevant legislation in the crimes, in relation to Section 66, and Section 67 of the sentencing legislation," Mr Wilson said.

The man was sentenced to 15 months in prison starting on October 10, 2022, and ending on January 9, 2024 with a non-parole period of seven months. For the common assault charge, he was ordered to serve 12 months in prison from March 16, this year until March 15 next year.

"You still have a bit less than two more months to serve, and then eight months through community correction," Mr Wilson said.

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