Magistrate David Day said the offence was domestic violence of "almost the worst kind".

"It's difficult to conjure up much worse situations than that," Mr Day said.

"He jumps on her and starts to strangle her and choke her and tells her to die. She would have been absolutely terrified.

"It's not far between a choking and a murder."

The Central Western Daily has chosen not to identify the man in order to protect the identity of the victim.

According to police, the man went to the woman's house to exchange custody of a child and repeatedly tried to get her to take him back at 11.30pm on October 22, 2020.

She repeatedly refused to resume the relationship and went to bed. He followed her, "pounced" on top of her chest while she was lying on the bed and put his hands around her throat and squeezed.

While he choked her he screamed at her to "die f***ing die c***." She was able to break free and call the police.

He continued to contact her via Facebook messanger and she received 95 messages and 25 video attempts from him between 11.48pm that night and 8.40pm the next day, despite her telling him to leave her alone.

By committing the offence the man also breached a community-based order had had been given for property damage. He was initially given the order for damaging a wardrobe during a domestic violence offence in 2018.

Police prosecutor Sergeant Chris Brian said the custodial threshold was crossed significantly and full-time imprisonment was appropriate given the man's history of domestic violence.

However, solicitor Andrew Rolfe called for a community-based sentencing saying the man has not re-offended since the offence.

"People who choke people and scream at them to die are high-risk offenders in my view," Mr Day said.

"The conduct is deserving of extreme denunciation, it is a wicked thing to do to choke her and tell her to die."

Mr Day gave the man a total 12-month jail sentence with a nine-month non-parole period for the three offences of choking, stalking and the previous property damage.

However, he released the man on bail later that day pending a severity appeal that is to be heard in the District Court next year.

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