By Cam Lucadou-Wells
A 29-year-old Noble Park man accused of strangling his partner to near-unconsciousness and then smothering her face with a cloth on their four-year-old child’s bed has been refused bail.
On 18 February, the hand-car-wash owner left the family house after a fight with his partner over money and returned drunk that night, Dandenong Magistrates’ Court was told.
After being told to sleep in another room, the man allegedly grabbed his partner’s throat with his right hand, forcefully squeezing while lifting her off the ground.
The partner estimated she was choked for two minutes to the point of starting to “black out”, police informant Sergeant James Frost told the court on 20 February.
She was then allegedly chased into their son’s bedroom.
On the bed, the man allegedly smothered her mouth and nose with a cloth, and she called out for help.
A neighbour, who heard the screaming, was called over by the apologetic accused and was allegedly requested not to ring police.
At the scene, police observed the partner’s reddened neck and breathing difficulties. She was taken to hospital with her son.
Sgt Frost told the court that the man was “violent, dangerous and a serious risk to the safety of the victim and the child”.
In arguing for bail, the man’s lawyer said the accused had no criminal history nor of failing to comply with court orders, and had surrendered himself to a police station on 19 February at the police’s request.
The man’s six-day-a-week car wash would be significantly affected if the man was not bailed, the court was told.
It wasn’t “beyond the realm of possibility” that the accused would receive a community corrections order despite the serious allegations, the lawyer said.
“A custodial sentence could potentially be excessive… therefore any period of remand would be unjustified in the circumstances.”
Magistrate Jack Vandersteen noted the man’s employment, lack of prior history, an alternative address in Nunawading, and the likelihood that he wouldn’t be jailed if convicted.
On the other hand, the allegations were serious, including claims of long-term family violence and a variety of controlling behaviour by the man, Mr Vandersteen said.
“I’m satisfied that the accused man, in the absence of a psychiatric report, is an unacceptable risk of re-offending,” he said.
The man consented to a full intervention order protecting his partner and child.
He was remanded for mention at Dandenong Magistrates’ Court on 6 March.
