A COUNTY Court judge has sent a strong message that violence against women is cowardly and shameful.
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In sentencing a Bendigo man to five years' jail with a minimum term of three years for a vicious assault on his former partner, Judge Geoffrey Chettle said he was required to express the community's denunciation of such 'disgraceful' conduct.
"It is cowardly and shameful to assault a woman,'' he said.
Judge Chettle was addressing Joshua Stewart Hamilton, who pleaded guilty to intentionally causing serious injury, breaching a family violence intervention order, committing an indictable offence whilst on bail and driving whilst disqualified.
The attack left his former partner with a fractured skull and bleeding on the brain.
The woman was airlifted to the Austin Hospital and received 50 staples to the scalp during emergency neurosurgery .
She remained intubated following surgery and was moved to the intensive care unit, until her sedation was reduced and she disclosed to her mother what had happened.
In the days following the assault, Hamilton left a note under the victim's bedroom door reading '... I'm so, so sorry for hurting u that morning, I promise if u give me another chance I'll never lay a finger on u again'.
A summary tendered to the court detailed the events that led to the serious injuries.
The pair were in Kangaroo Flat when an argument started. They exited a vehicle and the argument continued, during which time Hamilton grabbed the victim by her shoulders. He then attempted to punch her, but did not make contact.
The victim stepped back but was again grabbed by the shoulders and aggressively shaken. The argument continued and the victim moved to the rear of the car, when Hamilton grabbed her by the shoulders, pushed her across the boot and pulled her to the ground.
Hamilton then walked away, but then went back to the victim to grab her shoulders and slam her to the ground. He again walked away and the victim entered the car, where she sent a text message to a friend.
Soon after, the victim got out of the vehicle. She yelled at Hamilton about her keys and both returned to the vehicle. Hamilton grabbed the woman around the neck and forced her to the side of the car before releasing her.
Hamilton then opened a rear door and as he was leaning inside the car, the victim pushed the door closed with the accused inside.
Hamilton opened the door and yelled at the woman as he grabbed her by the shoulders and pushed her into the rear seat. He tried to slam the door, but the victims feet were still outside the car. She pulled her feet inside, shut and locked the door.
Hamilton removed the keys from his pocket and unlocked the car before opening the rear door and punching the woman several times. He then closed the door, got into the drivers seat and drove off. The woman tried to escape before the car moved but was unable to.
Hamilton drove the victim to his father's home. The victim's friend arrived at the address soon afterwards and found her in the car. The woman was taken to Kangaroo Flat Community Health Service, where she complained of severe pain to the head and an ambulance was called.
Scans at Bendigo Health revealed a fractured skull and bleeding between the skull and lining of the brain.
Hamilton told police he had pushed the victim over a couch at his home and she had struck her head on the way down. He refused to watch CCTV footage of the incident.
Judge Chettle said it was "simply dreadful'' that Hamilton could cause someone he loved serious injury and had he not pleaded guilty, the jail term would have been 6.5 years with a non-parole period of 4.5 years.
"You viciously, repeatedly and continuously assaulted your defacto partner,'' he said.
Judge Chettle said while Hamilton had expressed remorse to practitioners, that was at odds with letters and text messages sent to his victim.
He said Hamilton needed to use his time in prison to clean himself up, given his long history of drug use. Hamilton had been using methamphetamine, commonly known as ice, and taking the prescription medication Xanax on the day of the attack.
"Your future rests very much in your own hands,'' he said.