A MAN who assaulted his partner multiple times and threw hot coffee on his mother had his jail term reduced by three months on Wednesday.
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The man in his 30s, who cannot be named for legal reasons, appealed his eight-month prison sentence in the Bendigo County Court.
The man’s partner supported him in court, with defence counsel Julien Lowy saying the family had “fallen apart” financially since the man was taken into custody.
The man was guilty of assault by kicking, two counts of unlawful assault and persistent breaches of family violence intervention orders.
Crown prosecutor David Cordy said the first incident occurred in early December when the man kicked his partner while she put away groceries.
A family violence intervention order was taken out, but the man returned to the house three weeks later and was verbally abusive, hiding his partner’s phones so she could not call for help.
The court heard his partner suffered a stress related health issue that night.
The man continued to yell at the woman in front of their children when police arrived. Another intervention order was taken out in January.
The family then went on a holiday together with the man’s mother.
He became verbally abusive again, and pushed his mother into a wall. He then kicked her in the stomach when she followed him out of the house.
The man grabbed a hot coffee and threw it on his mother, and violently threw his partner back into the house.
He was initially sentenced in the Bendigo Magistrates’ Court to eight months jail, to be followed by a 12-month community corrections order and 250 hours of community work.
Mr Lowy argued the jail term was counter-productive, and the man’s offending had occurred after he stopped taking his anti-depressant medication.
“The victim is in court supported him. She says he gets ‘hotheaded when he’s coming off his anti-depressants’,” he said.
“The longer he is in custody, the more difficult it becomes for the victim.”
Mr Cordy said the offending was unacceptable.
“It’s a difficult situation when the victim refuses to make a statement in relation to both incidents,” he said.
“Not only do offenders need to understand that people cannot behave in this way, so do those who suffer in their hands.”
Judge Paul Lacava said he understood the family was in a “perilous” financial situation, and it created a problem in sentencing.
“The consequence is regrettable, but it invites a paradox where the court is asked to release an offender to go back to live with the victim,” he said.
“When considering additions to a term of imprisonment to be served, a community corrections order can also provide an additional punitive component with a requirement to partake in community work for 250 hours.”
The man’s jail sentenced was reduced to five months. He will also complete the community corrections order and unpaid community work.