A Ballarat man who spat on, punched and threatened to kill a woman while holding a tomahawk and plastic tubing has abandoned an appeal.
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Gene Stowe, 42, was sentenced to 19 months' imprisonment with a non-parole period of 12 months at the Ballarat Magistrates Court on March 5.
He appealed the decision in the County Court at Ballarat last week, telling the court he had used his time in custody to reflect on his behaviour and this was a turning point.
The court was told Stowe, a father of two adult children, was a long-term heroin user and smoker and had emphysema.
Judge Gavan Meredith said Stowe's offending was far too serious to reduce his sentence and warned him he would increase it if he continued with the appeal.
"I have to consider specific deterrence, general deterrence and denunciation," Judge Meredith said.
"If I was to re-sentence, it would be more than what he is presently looking at."
Stowe withdrew the appeal and was taken back into custody to serve his sentence.
The judge said his decision was not to say Stowe should not be commended for the efforts he had made while in custody.
Stowe's offending occurred at the woman's Wendouree home 11.30am on October 3 when he accused her of stealing $100 from him.
He spat in the woman's face and told her if she didn't give him her bank card he would kill her.
The victim told him to leave the house but Stowe grabbed her purse, took out the cards and placed them in his pocket. The woman fled to the lounge room and accessed a duress alarm provided to her by Berry Street.
Stowe became angry when he saw the duress alarm in her hand and he grabbed her by the hair, threw her on a couch and punched her to the left side of the head.
He then picked up a tomahawk and held it above his head telling her he would kill her while holding plastic tubing in his other hand.
Stowe was eventually arrested about one kilometre from the victim's house. He was not allowed at the victim's house as part of his bail condition.
Domestic violence hotline: 1800 RESPECT
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