The man was aged between 19 and his early 20s during his offending. Photo: Michelle Kroll.
CONTENT WARNING: This story refers to domestic and family violence.
A Wagga Wagga man convicted of multiple domestic violence offences has avoided prison time after a NSW court found his autism and mental health conditions contributed to his offending and that jail would not serve his rehabilitative prospects.
The man was convicted and handed a three-year community corrections order (good behaviour bond) by NSW District Court Judge Gordon Lerve.
Region has chosen not to name him to avoid identifying the victim.
The court heard the two were in a relationship for about five years before it ended in early 2022.
During that relationship, Judge Lerve said there were multiple instances of violent or threatening behaviour by the man.
“There is some real force to the Crown’s submission which is to the effect that the repeated violent and intimidating conduct towards the victim was a pattern of conduct directed at controlling the victim,” he said.
“A good number of the offences were committed in the home of the victim.”
During one of the incidents, which occurred on 19 June 2019, he grabbed the victim’s phone from her and hit her multiple times.
“The offending, although part of a pattern of conduct, was spontaneous and of relatively short duration,” Judge Lerve said.
“The injuries were bruising, soreness and pain. Taking into account the circumstances of the assault, the assault itself is serious but the actual bodily harm is towards the lower end of what amounts to actual bodily harm.”
In July 2019, the man kicked a car door until it was visibly damaged, while on another occasion, he also said he would “smack the s–t” out of the victim and hit her in the head.
According to the decision, he also threatened to crash a car while the victim and their child were inside.
The court proceedings also related to an incident when he threatened to headbutt the victim before bending a clothes horse, as well as the sending of “threatening and intimidating” messages.
During sentencing, Judge Lerve accepted a report from forensic psychologist Ahu Kocak and her belief that there is a “causal connection” between the offending and the man’s autism.
“Ms Kocak goes on to say [in her report] that the results indicated the offender experiences moderate issues with his personality characteristics. … Further, although the offender functioned adequately he likely experiences significant emotional, cognitive or behavioural challenges at times.”
In the report, Ms Kocak also found there was a connection between the man’s autism and the offending, pointing to deficits in emotional regulation and his ability to understand the impacts of his behaviour.
The court heard he was diagnosed with autism spectrum disorder when he was nine.
Judge Lerve also said that while the prosecution had called for imprisonment, it would be more onerous because of his autism and mental health concerns and it would not serve the man’s rehabilitative prospects.
He described those prospects as being “at least reasonable”.
He said that, following court proceedings and “significant intervention” by mental health professionals, the man had shown insight into his behaviour.
“It is not the case that the offender had the insight into his offending that he now has at the time of the offending.”
Judge Lerve also said the man hadn’t reoffended, had followed bail conditions and was engaging in mental health treatment.
The man was found guilty of three offences after a judge-alone trial and pleaded guilty to a fourth on the trial’s first day.
Judge Lerve convicted him of two counts of assault occasioning actual bodily harm, two of intimidation, three of common assault and one of property damage.
Over two common assaults, the man was sentenced to a two-year community corrections order (CCO).
For the property damage, he was given a 30-month CCO.
Judge Lerve also sentenced the man to an aggregate three-year intensive corrections order for the remaining offences.
The court heard his sentence was discounted for guilty pleas for several of the offences.
If this story has raised any concerns for you, 1800RESPECT, the national 24-hour sexual assault, family and domestic violence counselling line, can be contacted on 1800 737 732, Full Stop Australia on 1800 385 578 and Lifeline on 13 11 14. In an emergency, call triple zero.
Original Article published by Claire Sams on Region Riverina.
