Dubbo man turns himself to police after assaulting partner in front of children

The man was present in court where he pleaded guilty to domestic violence-related assault occasioning in actual bodily harm.

ACM is not identifying the guilty party in this story to protect the identity of the victim.

According to court documents, on December 1 this year about 7.30pm the family were at home setting up their Christmas tree and decorations. The couple do not share children but have children of their own from previous relationships.

At some stage during the activity, the couple began a verbal argument concerning the children and the victim left the loungeroom. She went outside onto the patio area, separated from the living area by a sliding door and screen door, for a cigarette.

The couple had been drinking alcohol. The man drank two bottles of beer while the victim drank two beers and a bottle of moscato, court papers revealed.

When the victim left the room one of the man's children became upset and was crying. He put them on his knee to comfort them. At this point, one of the victim's children approached him and kicked him in the leg.

"Don't you f***ing kick me," the man said to the child.

The court heard this upset the child who went out to the victim and told her what the man said. The victim became irate and yelled similar words to the man.

"Don't you talk to my kids like that," she said.

This angered the man who removed the screen door leading to the patio area and vented his frustration at the victim before putting the door back in place.

The court was told the victim returned to the loungeroom and the man began gathering his and his children's belongings to leave the property. During this process, the victim followed the man throughout the house, and the pair continued arguing.

The man moved his children to the front yard and went back in to take the rest of their things. He then entered in the kitchen area where the two were in each other's faces arguing when in a blind rage he grabbed the victim and made her fall to the floor.

The court heard the man landed on top of her and held her down for a few moments. The man told police he may have had his arm on the victim's throat momentarily. As a result of his actions and the impact of hitting the ground, the victim started bleeding from a large cut on her head and had bruises on her throat.

Th man stepped outside to check on his children when one of them pointed out he had blood on his ear, this is when he realised the seriousness of his actions. He went back to the victim to help her with her injuries.

The court was told he took cushions from the couch and put them under the victim's head. At her request, he helped to clean the blood drops on the floor. He then told the victim to go to the hospital to check her head wound but she refused any medical attention.

The man apologised for his actions and the victim asked him to leave the house. He made arrangements for his mother to come pick up his children before going to Dubbo Police Station to turn himself in.

He was arrested by police who questioned him and obtained the above version of the assault. Police also found he had been charged with assault once before.

Court papers stated the man admitted his actions and demonstrated genuine remorse.

While the man was in custody, police arrived at the couple's address as they had received reports of a domestic violence altercation. Police tried to talk to the victim who was emotional and had blood-stained hair on the side of her head. The victim's mother had arrived and gave police information about her daughter and her children.

The court heard the victim was distressed and could not provide exact details of what had happened. However, she told police the man never pushed her to the ground that instead she had fallen over and hit her head.

Police saw a small amount of blood on the floor as well as a blood soaked pillow and cloth in the laundry.

An ambulance was called to take the victim to the hospital and police left the scene after she declined to provide evidence in a chief video statement.

When the man appeared before magistrate Gary Wilson on Wednesday, he was supported by his parents who were seated in the court gallery.

The prosecution and defence discussed the possibility of imprisonment but agreed it did not cross the threshold.

His defence lawyer submitted to Mr Wilson that his client had been undergoing mental health treatment with a psychologist.

The man was subsequently sentenced to an 18-month community corrections order for the assault charge and told to continue treatment.

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