A 23-year-old man accused of assaulting his former partner in front of their children in their Sebastopol home has rejected a sentence indication.
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Corey Delmenico rejected an eight-month jail sentence and two-year ban on drinking alcohol at Ballarat Magistrates Court on Friday.
Delmenico claimed his version of the October 15 incident was different to the police summary in that there was an element of self defence.
Defence barrister Simon Tan said an argument started between his client and former partner over their relationship.
He said as a result of the argument, Delmenico’s former partner grabbed a knife before he took hold of her shoulders and punched her to the face and kicked her several times.
“As a result of that altercation he does lose his temper and after that he makes a threat. Those are comments out of frustration and desperation,” Mr Tan said.
“He says there was no intent behind the issues.”
Mr Tan said Delmenico conceded he was under the influence of alcohol during the incident.
“Mr Delmenico has indicated there were elements of self defence but agrees he was heavy handed,” he said.
The court was told it was Delmenico’s first family violence incident but he had a prior offence for recklessly causing injury over a dispute involving money with another male.
Mr Tan said the victim’s injuries were relatively minor and urged the court to consider a community corrections order.
But magistrate Mark Stratmann said the serious assault occurred after an intervention order was put in place to protect Delmenico’s former partner.
He said it occurred in the family home in the presence of two children, aged four and five months.
“The offending in my view is serious,” Mr Stratmann said.
After rejecting the court’s sentence indication, Delmenico made no application for bail and was remanded in custody until December 7.
His charges include making threats to kill, criminal damage, assault and using a carriage service to menace.