Woman tried to smash window in attempt to escape partner during attack

The victim of a repeat domestic abuser tried to escape her attacker by attempting to smash a window.

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He would later accompany her to hospital, where she did not feel able to disclose how she obtained her injury with him present.

The ACT Supreme Court building, where the man was sentenced. Picture by Sitthixay Ditthavong

In the ACT Supreme Court on Monday, October 12, the 35-year-old man was handed a backdated almost two-year-and-11-month jail sentence.

He received a one-year-and-five-month non-parole period, and will be eligible for release in February 2027.

He has not been named to protect the identity of his then-partner.

Justice Jon White said the man's actions demonstrated "a pattern of coercive and violent behaviour against the victim".

He previously pleaded guilty to eight charges including committing an act of indecency without consent, causing grievous bodily harm, and three counts of committing an act endangering health. The charges were aggravated by family violence.

The man was sentenced for domestic violence crimes against the same woman over three different occasions in 2023.

Justice White said the man was also serving a prison sentence handed down last year for domestic violence crimes against the same victim.

These crimes predated those he was sentenced for on Monday, which was taken into account by the judge.

The crimes

One evening in July 2023, the man was at his partner's home when he took her phone and accused her of cheating on him.

When she left the bedroom to follow her dog out to a verandah, he yanked her by the hair and dragged her by the jumper back inside.

While the woman was on the floor, he put his hands around her throat and choked her for between one and one-and-a-half minutes.

The dog then began to bark and the man kicked it in the stomach causing the animal to whimper and cry.

At one stage the victim unsuccessfully tried to smash the bedroom window to escape.

Later that night, the man indecently assaulted the victim after she refused to have sex with him.

She asked, "Do you really want to be a rapist too?" before telling the man to "go f--- himself".

In response, he spat in her face and spent the rest of the night stopping her from leaving the room or going to sleep.

The next day the victim covered up her injuries with make-up and a scarf after being told to do so by her attacker.

On another occasion, the man grabbed the woman by the throat and threw her onto the bed. She hit her knee on the bedframe causing her to scream out in pain and to not be able to walk.

After accusing her of lying and discouraging her from getting medical care, he accompanied her to hospital.

Because of the man's presence the victim felt she could not tell the truth and claimed she had slipped and fallen.

Over the next week, he demanded the victim cook, clean and have sex with him despite her suffering a torn ligament.

In September 2023, the man ripped a necklace from the victim's neck, punched her in the head twice and then choked her almost to unconsciousness.

Victim's life never the same

In a victim impact statement previously read to the court, the woman described parts of her life that would never be the same.

She said she now feared that her safety would never be guaranteed and she would always have to look over her shoulder.

Justice White said the man had completed a family violence program in custody and was "able to articulate attitude changes".

The offender told a report author that he was "sad the victim had to endure his behaviour" and said he was using methamphetamine heavily at the time.

In a letter to the court, the 35-year-old stated he was remorseful and accepted responsibility for his actions.

He also said he looked forward to pursing a new romantic relationship which had formed while he was in jail.

The judge took this into account and said the repeat domestic violence attacker would need "to convince the executive that his rehabilitation has progressed" in order to be granted parole.

• Support is available for those who may be distressed. Phone Lifeline 13 11 14; Canberra Rape Crisis Centre 6247 2525; 1800-RESPECT 1800 737 732.

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