A COLAC man has avoided a jail sentence despite whipping his wife with an electrical cord in front of their 3-year-old daughter.
The 35-year-old man faced Colac Magistrate’s Court on Monday after the May 16, 2015 incident.
The man and his wife of seven years were arguing when the man approached the woman in their bedroom while she was with their daughter.
The offender started to get angry with the woman, he picked up an electrical cord and whipped her on the arms and the legs while their daughter was in the room.
The Police Prosecutor Sergeant Glenn Abbott said police attended the house and took a “dot-point” statement from the victim.
Police interviewed the man and he denied the assault.
Defence lawyer Robert Morgan said that since the incident, the husband and wife had separated and she had moved to South Australia with their 6 and 3-year-old daughters.
He said the man was “shell shocked” with his behaviour at the time and was under pressure at work.
The defence lawyer also said the man was taking herbal supplements at the time which could have contributed to his anger.
Magistrate Ann McGarvie asked the defence why the man didn’t take his anger out on someone at work and then said “because that doesn’t happen”.
“He was being controlling and decided to punish her with the 3-year-old in the room, who will be traumatised by this,” she said.
“Your behaviour, no matter what stress, not matter what anyone said or has done, no matter what supplements you’re taking, it’s your responsibility for you to be in control of your behaviour.
“It’s incomprehensible what this must have cost your wife physically and emotionally, the sense of betrayal by someone who is supposed to be the love of your life.
“I applaud her for at least removing herself and her children from the relationship and deciding she was not going to stay in that sort of relationship.”
Mr Morgan asked the magistrate to fine the man without conviction because this was his first charge for violence.
Ms McGarvie said she accepted that the man had no prior convictions for violence and she could sentence the man to two years imprisonment.
“I am reluctant to ruin your future with a conviction, but I think that the offence is too serious for me not to record a conviction,” she said.
“Not only do I have to consider a specific deterrent to you, but I have to send a message to the community, that people who do engage in domestic violence, which this was, will be dealt with seriously.”
Ms McGarvie fined the man $1000 with $117 court costs.