A 23-year-old who was convicted of strangling his former partner to a point where she thought she would die, is appealing his jail sentence.
Marcus Ellis faced the County Court in Ballarat on Wednesday to appeal his sentence of a two month jail term followed by a two year community corrections order.
During the appeal, defence lawyer Scott Belcher argued a lengthy community corrections order should be imposed without a jail term.
Mr Belcher acknowledged the offending was a serious example of family violence but asked for consideration of Ellis' young age, the fact he had undertaken professional therapeutic treatment, had full time work and a lack of criminal history.
Judge Michael Bourke said he believed an appropriate sentence would contain a community corrections order, but it was a question whether there needed to be a period of imprisonment before that.
"This case is all about two heavily competing propositions. You could speak to his youth, lack of priors, statements of remorse and attempts to rehabilitate," he said.
"On the other hand, I see this as a serious example of violence against a vulnerable woman."
Ellis pleaded guilty to recklessly engaging in conduct by strangulation that placed his former partner in danger of death, intentionally causing injury and recklessly causing injury before the Ballarat Magistrates Court in August.
Police said Ellis grabbed his former partner by the throat and threw her to the ground multiple times during an argument at their former Buninyong home in May.
The police statement submitted to the court said Ellis used his arms, legs and knee to put pressure on his former partner's neck, causing her to lose consciousness a number of times and 'fearing she was going to die'. The statement said he let go of her neck after blood began to splutter from her mouth.
Crown prosecutor Andrew Moore requested an adjournment of the appeal as the victim wished to be in court to read her victim impact statement, but she was currently overseas.
Judge Bourke heard the Crown summary and defence submissions before adjourning the appeal to December 9 in Melbourne.
Ellis remains on bail.
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