How slap wasn't 'hard enough' for anything more than a fine
IT WAS the open-handed slap that cost a man $900 despite submissions from his solicitor he be placed on probation or imprisoned.
The well-dressed man today stood beside his court-appointed solicitor in the Toowoomba Magistrates Court to plead guilty to contravening a domestic violence order he had agreed to in the same court in March.
The court heard police were called to the Darling Downs home he shared with his partner on May 25 after nearby residents reported hearing a loud verbal argument.
Police found the man "moderately affected by alcohol" and after asking the pair, they said the argument had been about jealousy in their relationship, and the man's drinking.
The woman said he had slapped her across the face to which the man said it was because she had struck him first. The woman denied that claim.
Accepting the allegation, the man's solicitor emphasised he struck his partner with an open hand and not with significant force, and didn't leave a mark on her face.
The man had stopped drinking since the incident.
The solicitor said the man had no like offences in his criminal history, noting two entries from 2002 and 2010 for unrelated matters, and submitted he be sentenced to probation or a short period of imprisonment with parole.
The presiding magistrate noted the man had stopped drinking only because it was stipulated in his bail conditions.
Taking into account references submitted to the court, the man's history and what the solicitor had said, the magistrate said he didn't think probation was appropriate in the circumstances.
He said there was some dispute over whether the woman had struck the man first but in any case, told him he should have walked away instead of striking her. He fined him $900 and ordered no conviction be recorded.