Nicholas James Harter avoids jail after ‘reprehensible’ domestic violent bashing that could have killed

A South-East man has avoided prison, spending only four hours behind bars after his arrest for violently bashing his partner in two potentially lethal unprovoked attacks. See why.

After spending less than four hours in custody following his arrest, a South-East man has dodged jail despite being warned he could have killed his partner, a court has heard.

Nicholas James Harter, 21, who was his father’s “punching bag” growing up, was warned in a court he could end up just as bad as him “if not worse” if he continues to violently “snap”.

Police prosecutors told the Mount Gambier Magistrate Court Harter had on two separate occasions grabbed his partner by the hair before violently bashing her.

On January 5, after coming home from work, Harter laid into his partner after snapping for “no reason”.

During the assault, Harter grabbed his victim by the neck.

Nicholas James Harter will serve no jail time after violently bashing his partner in two potentially lethal unprovoked attacks. Picture: File

“She didn’t lose consciousness but there was some light-headedness,” a police prosecutor said.

“(He) eventually let go and then threw her onto the ground — and punched her in the head several times while he had hold of her hair.”

In a separate incident days later, while watching TV, Harter began verbally abusing his partner after she “stood up and sat next to him”, the court heard.

The woman raised her right arm in a bid to protect herself before Harter grabbed and twisted it and threatened to snap her wrist, the court heard.

“(He) grabbed the victim by the hair and pushed her head down on the lounge,” a police prosecutor said.

During the struggle the victim attempted to flee before she was “tackled to the ground” and punched several times in the back of the head, the court heard.

Harter pleaded guilty to two counts of aggravated assault against his own spouse.

Harter’s lawyer, Katherine Davies said her client grew up in a violent household and was forced to leave his Tarpeena home at just 17.

“Mr Harter remembers the first time his father gave him a black eye because it was year seven school photo day, the next day,” she said.

“Due to his efforts at rehabilitation, Mr Harter recognises his behaviour is very similar to his father’s, in that he has abusive and controlling behaviours.”

Harter spent roughly six months at Tumbelin Farm, a Baptist Care SA residential rehabilitation program geared towards young men with substance abuse issues.

Ms Davies said Harter had begun experimenting with drugs and alcohol at 13 but had continued his sobriety since entering the program in August.

Magistrate Koula Kossiavelos slammed Harter for the “reprehensible” acts, telling him he was lucky he did not kill his former partner during the violent outbursts.

“We know that one hit can kill somebody,” Ms Kossiavelos said.

“She just needed to hit her head somewhere fragile, and you could’ve been charged with something more serious.”

Ms Kossiavelos said domestic violence needed to be “stamped out” but added sending Harter to prison could see him reoffend, rather than continue to rehabilitate.

Harter was handed a four month and six-day prison sentence, which was suspended on an 18-month good behaviour bond.