Man appeals DV sentence after court imposes 10-year AVO
A LISMORE man who was handed a decade-long apprehended violence order has appealed his sentence.
The 62-year-old faced Lismore District Court for sentencing on Tuesday.
He’d pleaded guilty on October 8 this year and was sentenced the following day to 13 and a half months’ prison for common assault.
The magistrate also imposed a 10 year AVO, although the prosecution had only sought an order to protect his victim and former partner for two years.
The man’s lawyer, Natasha Wood, acknowledged the offence was aggravated in that it involved actual violence and took place in her home.
The court heard the man had 29 prior convictions involving violence or AVO breaches in relation to the same woman, with whom he has numerous children.
“This is not something that was planned, he was invited to the house by his ex-partner and his daughter to assist with caring for his grandchild,” Ms Wood said.
The court heard the man was given alcohol, the pair became intoxicated and he slapped his former partner.
Ms Wood said her client had previously sought help from drug and alcohol counsellors and would be keen to do that again.
“He says … this is something that needs to change,” she said.
“This has been a real wake up call for him, your honour.”
She said her client, who was removed from his mother as a child and began drinking at a young age, claimed to have not consumed alcohol in the months leading up to the incident.
Judge Warwick Hunt upheld the man’s appeal and instead sentenced the man to one year behind bars, expiring next August.
Judge Hunt found the man needed support in the community upon his release.
“The need for sobriety in lack of offending has been made out, in my view,” he said.
“You have the potential to be the kind of father your kids and grandkids can look up to.”
He warned the man this could be difficult if he kept “getting pissed and smashing (his victim) up”.