A 23-year-old man who strangled his former partner to a point where she thought she would die will spend two months behind bars after his appeal was dismissed.
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Markus Ellis appealed the two-month jail sentence, imposed at the Ballarat Magistrates Court in August, in relation to a domestic violence incident involving his former girlfriend on May 4.
Police said Ellis grabbed the woman by her throat and threw her to the ground multiple times during an argument at their former Buninyong home.
He threw her mobile telephone on the roof of the house, and when she climbed up a ladder to retrieve it, the ladder slipped and crashed into a kitchen window, which enraged Ellis.
He then 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". He only let go of her neck after blood began to splutter from her mouth.
At the County Court in Melbourne on Friday, Judge Michael Bourke said he took into account defence lawyer Scott Belcher's submissions Ellis was young, had undertaken therapeutic treatment, had good prospects for rehabilitation and pleaded guilty early.
But the judge said the domestic violence incident against a vulnerable woman was too serious for a non-custodial sentence.
He said there was a need to deter other people from similar treatment of vulnerable partners. Judge Bourke said the incident was a prolonged attack that would have been terrifying for the victim.
"The offending has not only caused physical and also serious and ongoing emotional hurt," Judge Bourke said.
He said while the Magistrates Court sentence was light, he would not go beyond the two-month jail term imposed, together with a two-year community correction order.
The judge dismissed the appeal and Ellis was led into custody.
Ellis pleaded guilty to recklessly engaging in conduct by strangulation that placed his former partner in danger of death and intentionally causing injury and recklessly causing injury.
Relationships Australia: 1800 050 321
Family violence: 1800 RESPECT