Joseph Zurlino guilty of domestic violence but avoids jail time after punching then-wife

A Millicent painter fronting court on his third domestic violence offence has been given one last chance to prove he is the “peaceful” man he says he is.

A Millicent man has offered a magistrate his blessings after he avoided jail after punching his wife in the head.

“God bless you, your honour,” Joseph Zurlino said. The 56-year-old, faced the Mount Gambier Magistrate Court on Thursday after pleading guilty to aggravated assault against his spouse.

The accused punched his then-wife – his third domestic violence charge – after an argument broke out at his work Christmas party on December 21 at Millicent.

The assault followed two previous court matters against the same victim in 2014 and 2017.

Joseph Zurlino pleaded guilty to aggravated assault against his then-wife. Picture: Jessica Ball

The police prosecutor said the victim was treated at the Millicent and District Hospital after the punch and did not sustain lasting physical injuries.

Noting the seriousness of the charge, she said a period of imprisonment was warranted but would not argue against it being suspended as both parties had moved on with new partners.

“He does have a history of offending against this very same victim,” she said.

“The risk of reoffending would be reasonably low given that the two have now separated.”

Defence lawyer Herman Bersee said the painting business owner was thankful for the opportunity to complete the abuse prevention program.

He described the relationship as “dysfunctional” and marred with alcohol abuse, but said Zurlino had since entered a healthier 15 month relationship.

Character references said he was highly regarded with the community as a “peaceful person” and did not have “any aggressive traits”.

Mr Bersee asked for any prison sentence to be suspended to reflect the hard work he had put into rehabilitating his underlying issues and for the sake of his employees and elderly mother.

Magistrate Maria Panagiotidis said she was “troubled by this series of offending”.

Referring to Magistrate Teresa Anderson’s previous sentencing remarks where Zurlino also received a suspended sentence, she said there had been “grave concerns that there may be further explosion of violence” and he was warned domestic violence would not be tolerated.

“The very things she said shouldn‘t happen again, have,” Magistrate Panagiotidis said.

“Here we are with further offending.”

Noting the assault may not have left the victim with lasting physical injuries, Magistrate Panagiotidis said the mental impact had been significant, impacting her confidence, trust and leaving her feeling worthless.

However she had been persuaded it was the relationship that “brought about this violent streak”.

“You have come to the courts on three occasions because you have behaved violently towards her and that would ordinarily be a matter of great concern,” she said.

“Had you not participated in the abuse prevention program and done so well in that program I would be ensuring that you were going to serve an actual term of imprisonment.

“If ever there was the last chance Mr Zurlino, this is it.”

Magistrate Panagiotidis suspended his three month prison sentence on entering a $5000 good behaviour bond for 18 months.

Zurlino was also ordered to pay costs of $2076 and compensation of $892.30 for the victim’s psychological treatment.