A man charged with domestic assault has been sentenced to a 12-month Community Corrections Order with a condition that he abstain from alcohol.
Gerald Ngoni Mataka of Mortimer Street, Mudgee, was also ordered to complete 40 hours of community service, when he appeared in Mudgee Local Court last Wednesday.
Throughout Sunday, June 2, 2019, the victim had been away from Mataka who became agitated, he attempted to contact her during the day, reported her missing to police that evening, and locked her out of the house when she returned.
Officers attended, but with no animosity they left again. As soon as they were gone the pair argued and the 37-year-old verbally abused the victim then slapped her across the face.
She then went to Mudgee Police Station to report the incident. When officers returned to the house they noted that Mataka seemed affected by alcohol, his mood fluctuated and there were empty alcohol bottles lying around.
His solicitor, Richard Wise, said that he'd informed his client of "the view your Honour takes on offences that occur in the home".
To which Magistrate David Day responded, "it's not that it's my view, it's a statutory aggravating circumstance".
Mr Wise also said the defendant - who'd been drinking throughout the day prior to the incident - has since worked to address his issues with alcohol.
Magistrate Day noted a prior domestic violence matter on his record, when this was also considered a factor.
"His inability to grasp the link between his drinking and the matter in 2013 is worrying," he said. "It's taken a second offence to get him to quit."
- If you or someone you know is experiencing violence, call 1800 RESPECT (1800 737 732) for advice or support, this free, confidential service is open 24/7. In an emergency, call the police on 000, all incidents of violence should be reported. For urgent support call Lifeline 13 11 14.