A domestic violence offender has been given the maximum possible sentence in Darwin local court's jurisdiction by judge Alan Woodcock, after a series of attacks against his partner in April this year.
The horrendous domestic violence abuse might have remained behind closed doors, if the victim hadn't confided in her sister who subsequently went to NT Police.
During sentencing this morning, judge Alan Woodcock conceded he was having difficulty reconciling the defendant's presentation to counsellors and his reference materials, with the "protracted extreme domestic violence" of the case.
Judge Woodcock: "Not spontaneous violence. Methodical, degradation of the victim in an extreme fashion. Not just once."
As judge Woodcock read-out the prosecution's statement of facts, the defendant sat with his eyes closed over the audio/video link from Holtze prison, opening them occasionally, before retreating back into himself.
In the first attack on April 14th, the facts tendered to the court described how the defendant started accusing his partner of "seeing someone else" when they arrived home after a night-out.
Judge Woodcock read-out how the defendant "began verbally abusing the victim before standing over her and forcing her to the ground."
"The defendant sat on the victim's abdomen. While yelling abuse at the victim the defendant used his left hand to grab hold of the victim's throat and began squeezing.
"The defendant, using his left hand, squeezed the victim's throat five or six times, and using the right hand to cover the victim's nose and mouth to stop her from breathing.
"The victim believed the defendant was deliberately squeezing hard enough each time so that she would lose consciousness.
"However, the defendant would release his grip just before she did, and would then do it again.
"The defendant picked up a nearby pig hunting knife and showed the victim.
"The defendant told her the next time police see him, they wouldn't be tasering him.
"The victim broke free from the defendant and was on her hands and knees, when the defendant sat on the victim's back.
"The defendant grabbed the victim and carried her to the bedroom putting her on the bed. They fell asleep shortly after.
"The incident lasted a few hours, and the defendant told the victim on numerous occasions she was not free to leave, depriving her of her personal liberty.
In the second incident, the couple travelled to Adelaide River on April 24th to camp overnight for the ANZAC Day dawn service.
Judge Woodcock read out the circumstances: "It was late in the evening and the defendant and the victim got into an argument over a video the victim watched.
"The defendant became verbally abusive towards the victim, taking away her car keys and walking away.
"The victim fell asleep at a nearby tree, and sometime after midnight she awoke with the defendant yelling.
"The victim walked back to the campsite and got into her vehicle, as the driver's door was unlocked.
"The defendant appeared after approximately five minutes and entered the passenger side of the vehicle. The defendant began abusing the victim, accusing her of sleeping with other men at the campsite and being unfaithful throughout the evening."
The pair fell asleep and missed the dawn service, and after some drinks and lunch at Adelaide River they returned home.
Judge Woodcock read on: "On arrival home, the defendant began yelling at the victim, accusing her of being with other people.
"The defendant was demanding to see the victim's phone. The defendant lent over the passenger seat and grabbed hold of the victim's throat with his left hand, choking the victim.
"He was squeezing so the victim couldn't breathe, and using his right hand to search for the victim's phone.
"The defendant kept squeezing the victim's throat and yelling at her until he found a phone, and took the keys from her possession.
"They both got out of the vehicle. The defendant came behind the victim before putting her on the ground. The defendant sat on top of the victim's stomach, pinning her down.
"He was yelling abuse at her. The defendant used one hand to grab hold of the victim's throat, and covered her mouth and nose, stopping her from breathing.
"The level of force used to choke the victim rendered her unconscious for an unknown period of time.
"At some time the victim woke gasping, with her face covered in blood. She could feel blood coming from her nose, splashing onto her clothing.
"The victim began yelling for help, and the defendant told her it 'hasn't worked so far, they're not going to come.'
- Judge Woodcock
"The victim attempted to make her way to the neighbour's property, and was pushed again to the ground by the defendant.
"The defendant sat on top of the victim and continued to choke her around the neck. The assault of the squeezing of the victim's neck happened another five or six times and was prolonged, lasting a few hours.
"The defendant picked up the victim and took her inside the demountable house, dropping her in the lounge room.
"The defendant again sat on top of the victim, and using his hand again squeezed the victim's neck and covered her nose and mouth.
"He continued to yell abuse at the victim, accusing her of seeing other people.
"The victim attempted to stand up and the defendant stood behind her, forming a chokehold. The victim was able to get to another bedroom in the demountable, where she was followed by the defendant.
"The defendant pushed the victim onto the bottom bunk and grabbed hold of the victim's neck. He again began squeezing her neck, and putting his right hand over her nose; not enough to stop her from breathing.
"The defendant told the victim 'I'm going to rape you'.
- Judge Woodcock
"The defendant began punching the victim in-between the legs, in the groin area. He struck the victim approximately 10 times to the groin area with full force, causing pain and injury the victim's vagina.
"The defendant continued to choke the victim around the neck, demanding the passcode for her phone.
"Between gasping for breath, the victim told the defendant the passcode for the phone.
"The victim attempted to exit the house, at which case she was blocked by the defendant and told she was not allowed to leave.
"The victim was allowed to have a cigarette on the balcony, and the defendant began questioning her about names in the phone. The victim answered the questions and the defendant calmed down.
"The following day, the victim called her sister, and told her what happened, sending her photos with facial bruising and injuries. [Her sister] called police with concerns for the victim's welfare.
"On the 28th April the defendant was arrested at the Howard Springs Nature Reserve."
In sentencing, judge Woodcock said the defendant had some "traffic matters" and "making a false declaration" in 2019.
He said there were some "dated Victorian matters" with "some violence there, over 20 years ago".
In reading through the various documents submitted by defence counsel, judge Woodcock said: "dedicated father, a good worker, not coping well with his mental health struggles."
"I've read the letter from the victim. Moved to the Territory last year. 50 percent custody of his children from another relationship.
"A letter from a construction company setting out what a good worker he is.
"Top End mental health services. Common recovery challenges. I take those matters into account."
"It's not a straightforward sentencing exercise. The court is always looking to rehabilitate and avoid sending people to jail.
"But what's before the court is brutal, systematic domestic violence of the highest level that can be dealt with, in this court anyway."
- Judge Woodcock
While explaining his sentencing decisions across the various charges, and adding up the years, judge Woodcock eventually reached a count where he said: "Five years. That's the top of my jurisdiction. There's more to sentence him for."
"He can't receive any more imprisonment in this jurisdiction.
"So that's total of five years, backdated to when he went into custody.
"It's submitted [by defence counsel] there should be a suspended sentence. My concern is given the nature of the offending. It's ongoing. It only stopped when the victim confided in her sister, and she complained to the police.
"Even on suspended sentence, he's going to be an extreme risk of domestic violence to the victim.
"I don't accept, at face value, those things that he's told his counsellors, having carefully considered the nature of his offending.
"The parole board is better placed to assess whether or not, and I hope he is legitimate in his aspirations to get counselling and assistance, so we'll never hear of such offending again.
"Non-parole period of two years and six months."
The name of the offender is suppressed due to the sexual nature in some of the offending, in line with the Sexual Offences Act 1983 of the NT.
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