Driver choked mid-traffic

By Cam Lucadou-Wells

A 25-year-old man has strangled his ex-partner in the car as she desperately drove to Springvale police station, a court has heard.

The woman arrived at the station on the evening of 5 April, screaming for help and struggling with the man, a police officer reported at the scene.

She bled from where a fingernail was torn from her hand, as well as suffering red bruising around her neck.

During the drive, the man yanked her by the hair and had interfered with the steering wheel veering the car toward oncoming traffic, the court heard.

Earlier that evening, the man had waited for the victim to arrive at her home. She allowed him in the car because she was afraid he’d damage it.

The man was found with 0.195 grams of allegedly heroin, Dandenong Magistrates’ Court heard on 23 July.

The attack followed a series of stalking incidents in which he often waited for her to arrive home, would berate her for seeing her with other people and sent threatening messages such as urging her to “neck yourself”.

The accused used heroin for the past four years. He had since ‘cleaned up’ while in custody for the past 109 days, the court heard.

“In the clear light of day he does respond appropriately. He responds with remorse, shame and sadness as to how he’s acted,” the lawyer said.

“He accepts the relationship is over.”

It was conceded that strangulation was a “red flag” signaling a high future risk of homicide.

Born in a refugee camp in Malaysia, the accused moved with his family to Australia at age one.

A distinction-average student, he lost his way after a friend drowned while saving him in the surf during holidays.

He dropped out, started using heroin and never worked a job, the court heard.

“His goal is to live a normal life,” the lawyer said.

“Due to his youth, he is not beyond redemption.”

The man pleaded guilty to stalking, drug possession, reckless conduct endangering serious injury and assault, as well as two incidents of disqualified driving in Noble Park.

The man was serving a corrections order for assault and criminal damage against the same complainant.

He had done “nothing” on the order tailored with drug and mental health treatment, anger management and mens behaviour change programs, magistrate Tara Hartnett noted.

“He’s had his opportunity. Your client needs to realise that this behaviour, this conduct is absolutely serious, inappropriate and in context of breaching a court order.”

The man’s “extraordinarily serious” offending “extends beyond a person out of control on heroin”, she said.

“The matters indicate your client has real issues with his attitude towards his partner.”

His attack in the car put the partner and the general partner at risk, Ms Hartnett said.

“In isolation this offending warrants a significant period of imprisonment.”

The man was jailed for 18 months – including resentencing for the breached CCO. His non-parole period was set at 10 months.

He was disqualified from driving for 18 months.

He will be subject to a full intervention order for the next five years.