A three-year-old boy hit his father in an attempt to stop him from hitting the child's mother Orange Local Court has heard.
The child's father, who is not named in an effort to protect the victims, appeared in court via a video link from jail on Monday to be sentenced for common assault and contravening an apprehended domestic violence order.
According to police, the man was on a call to Centrelink in the family home and asked the woman for a cigarette at 10.30am on November 18, 2019.
However, there were none so the woman gave him a pair of headphones so he could continue the call while he went out to get more but he threw the headphones and slapped her thigh.
She slapped him back then he stood up and hit her in the face and head, and when the woman tried to get away the man kicked her in the back.
The three-year-old then entered the room and hit the man in an attempt to stop the assault before the woman left with the boy and other children.
When she left, the man then started crying and said "I'm sorry, I need help".
Solicitor Nico Rump said the 31-year-old man had been in jail since he was refused bail on December 16, last year.
"It's been over six months bail refused on this matter," Mr Rump said.
He realises that he himself was exposed to domestic violence and he is exposing his children to domestic violence.Solicitor Nico Rump
He said the man grew up around domestic violence and he needs to address his addiction to methamphetamine.
"He grew up in difficult circumstances surrounded by domestic violence," Mr Rump said.
"His father and mother fought a lot, his father was abusive and his father and mother had many troubles.
"He realises that he himself was exposed to domestic violence and he is exposing his children to domestic violence.
"Since being in custody he's been clean of meth."
Mr Day said the fact that the offence took place in the home of the victim and in the presence of a child, were aggravating factors, and the man had similar convictions on his record.
Mr Day also said on a per 100,000 basis, domestic violence is higher in Orange and the Central West than in the rest of the state.
"Quite frankly I was shocked when I started hearing domestic violence [cases here]," he said.
"General deterrence is of considerable importance."
Since being in custody he's been clean of meth.Solicitor Nico Rump
Mr Day said the man needed to be held accountable.
He said there also needed to be community protection, including for his son, "to the point where the three-year-old involved himself therefore [potentially] continuing the cycle of violence."
However, he also noted the time the man has spent in custody and said the last two months at least were in more onerous conditions due to coronavirus mitigation measures.
He sentenced the man to 15 months jail, with an eight month non-parole period back-dated to December 16 for the assault.
Mr Day also gave the man a fixed-term three-month jail sentence, ending on August 24, 2020, for property damage.
The man had initially been given a community correction order for damaging the woman's vehicle on August 29, 2018, but was resentenced for breaching that order.
A new AVO was also given for five years.
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