A BENDIGO man who was jailed for a violent assault on his former partner has had his sentence reduced on appeal.
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The 35-year-old man was jailed in 2019 for nine years and one month after he pleaded guilty in the County Court to charges including aggravated burglary and intentionally causing injury.
The court was told the man repeatedly sent his former partner abusive and threatening messages, before he broke into the house where the woman was staying on May 1, 2018.
Read more court: Man sentenced after pleaded guilty to burglary, theft offences
He ripped a flyscreen from a window in the living area and the woman and her two young children went to hide in a bedroom.
The man then armed himself with two large kitchen knives and began searching the property for the woman.
At some point, he dropped the knives before finding her in the bedroom cupboard.
He punched the woman in the face eight times, before grabbing her around the neck, choking her and repeatedly smashing her head into the floor.
She tried to kick back, but he lifted her up by the neck and threw her into the back of the cupboard.
Her head went through the plaster wall, causing a hole in the back of the cupboard.
The man then stopped and walked out of the house. He passed by the woman's sister-in-law and told her, "we are going to get our guns and come back".
The man did not return to the property, but he continued to breach a family violence safety notice by sending the woman threatening messages over several days.
The man was arrested on May 7. He made a "no-comment" response to the allegations.
As a result of the assault, the woman needed to be treated for a broken nose, a cut on her face, two black eyes, and a large number of bruises to her face and body.
The man pleaded guilty to the charges in the County Court in August 2019.
In November 2019, the judge sentenced the man to nine years and one month in jail with a non-parole period of six years and four months.
The County Court judge described the offending as "very serious, inappropriate, and beyond the pale", and said it was "perhaps more by good luck or good fortune" that the woman's injuries were not more serious.
Read more court: Bendigo drug trafficker jailed for burglary, driving charges
The judge said the court could impose a proportionately longer sentence to reflect the gravity of the offence.
In his Court of Appeal hearing last month, the man's lawyer argued that the sentence was "manifestly excessive".
The defence counsel said the sentencing judge had failed to take into account the offender's history of abuse, drug and alcohol addiction, and mental illness.
The lawyer said psychological reports showed the man's moral culpability could have been reduced at the time of the offending due to his severe and untreated mental health condition.
The appeal judge said it was a case where the material tendered to the court had been misunderstood.
The appeal judge said while it had been the error of the man's previous lawyer, it would be unfair for the offender to be punished for those mistakes.
"The plea was very short, gave little assistance to the judge and was, in this important respect, inaccurate," the appeal judge said.
"The error is a specific error, which vitiates the sentence. I am persuaded that a different sentence should be imposed."
The appeal judge said they still needed to consider that it was "serious offending, committed by a person who had a poor criminal record and very poor prospects of rehabilitation".
The man was resentenced to six years and six months in jail, with a non-parole period of four years and six months.
Seeking support
If you or someone you know is experiencing violence, help is available:
- Safe Steps, Victoria's 24-hour family violence response hotline - 1800 015 188
- 1800 RESPECT, the 24-hour national sexual assault, domestic and family violence counselling service - 1800 737 732
- No To Violence's Men's Referral Service, for men concerned about their use of violence - 1300 766 491
- The Centre Against Sexual Assault Central Victoria, available from 9am - 5pm on weekdays, on 5441 0430, and the Sexual Assault Crisis Line at all other times on 1800 806 292.
- The Orange Door in Loddon, available from 9am - 5pm weekdays - 1800 512 359
- The Centre for Non-Violence, for people who live in the Loddon region, on 1800 884 292.
In an emergency, phone 000.
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