By CAM LUCADOU-WELLS
A HAMPTON Park husband-and-wife will be working in their business outlet on separate days after the man throttled his wife in a drunken attack.
The 42-year-old man – with no prior convictions – has been barred from within five metres of the wife as a result of a court-enforced 12-month intervention order on 9 May.
The day before, the man was drunk on 200ml of Scotch when the victim arrived home about 4.30pm, Dandenong Magistrates’ Court was told.
After abuse and threats, the man punched her in the ear and struck her several times to the arm with a small garden tool.
She was grabbed around the throat twice and told by the man that “I will kill you”.
The man let go his grip when the couple’s two children intervened.
Early on 9 May, the man was served a family-violence safety notice at Narre Warren police station, barring him from within 200 metres of the family home.
At 1.15am he was spotted in a taxi within the 200-metre exclusion zone. He claimed he had told the driver where he lived but not to drive to the family home.
He blacked out during the ride but had intended to stay with his cousin in Lynbrook, the man told police.
The accused was arrested, spent the night in police cells and fronted Dandenong Magistrates’ Court that day.
Defence lawyer Adam Maloney told the court the couple’s Springvale business would fail if the husband was banned from the workplace.
He proposed allowing the couple to work at the business on separate days.
The man had resumed drinking a week ago after completing a detox program in November, Mr Maloney told the court.
The accused was again hoping to receive treatment for alcohol abuse.
“The issue of alcohol has been addressed for at least the immediate time by drying out in the cells.”
Magistrate Jack Vandersteen said the assault was serious, particularly because the alleged strangulation “exponentially” increased the risk of the wife being killed or injured.
He noted the accused’s “shock an awe” at being in the dock.
“Do not breach the intervention order. You saw how seriously the police took it last night. They arrested you despite you being 42 years old and with no prior history.”
Mr Vandersteen said he’d add to the intervention order that the husband stay away from the workplace if drunk.
The man pleaded guilty to four charges, was convicted and put on a 12-month community corrections order (CCO) and an intervention order.
The CCO includes supervision, alcohol and mental health treatment, and offender behaviour programs.
The man argued against a conviction because it could affect his registration as an immigration agent.
“Not with strangulation and a breach of a family violence order,” Mr Vandersteen replied.
“You can always appeal my decision if you wish.”
