A BENDIGO man who admitted to punching and choking his former partner in front of their children is appealing his jail term.
The 29-year-old appeared in the Bendigo Magistrates' Court this week where he pleaded guilty to five charges including reckless conduct endangering serious injury and making threats to kill.
The court heard the man and his former partner were in a relationship for about 10 years and the pair have two children together.
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On September 28 last year, a family violence intervention order was issued with the woman and children listed as the protected persons.
Under the order, the man was not allowed to approach them or commit family violence.
The court heard on the afternoon of January 1, the man went to the woman's home and a verbal argument started about child custody arrangements.
The man punched the woman to the right side of her face, causing immediate pain, and pushed her onto the bonnet of her car.
The woman was able to get up but the man grabbed her by the throat and held her up against a wall for about five to 10 seconds.
The children were present at the time and witnessed the assault.
The court heard once the woman was released, she called 000. The man said he would kill her and punched her car, causing a dint in the door.
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Police arrived on scene and paramedics were called to treat the woman's injuries. She was taken to hospital via ambulance for bruising to her face and neck.
The man was arrested and remanded in custody. When police searched him, they found a small bag containing the drug speed.
During his police interview, the man made no admissions in relation to the assault but conceded he had breached the intervention order.
Defence lawyer Gregory Johnston said while there was still some dispute about the choking allegation, his client was willing to plead guilty to the charges at the earliest opportunity.
Mr Johnston said there was no doubt the offending was serious and the man knew he needed help so he would not commit the same offences again.
The defence lawyer said the 29-year-old was not proud of his actions and the community should be rightly outraged.
Mr Johnston submitted the man used drugs recreationally and had significant mental health issues so a community corrections order was the most appropriate sentence.
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But Magistrate Patrick Southey said the offending was "terribly serious" and warranted a jail term.
Mr Southey said there were a number of aggravating features, as the offending was committed in front of children and involved threats to kill.
The magistrate said he took into account the man's early guilty plea and limited prior criminal history.
Mr Southey sentenced the 29-year-old to one month in jail and an 18-month community corrections order.
Mr Johnston said the man would appeal the jail term and the 29-year-old was released on appeal bail.
If you or someone you know is experiencing family violence, the Centre for Non-Violence is available on 1800 884 292. Safe Steps is a 24-hour statewide crisis line, available on 1800 015 188.
If you or someone else is in danger, call 000.
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