Peter John-Paul Malayta sentenced for violent assault on ex-partner
A father of two with a history of domestic violence has learnt his fate after a brutal assault on his former partner over a pack of cigarettes.
A Whitsunday sugar worker violently assaulted his former partner in a rage over a packet of cigarettes leaving her with cuts and swelling around her face.
Peter John-Paul Malayta had come home from a petrol station in the early hours of July 29 when he asked the woman accompanying him for a cigarette.
When the woman told him they were left behind in a car, Malayta grabbed her by the hair and threw her to the ground, a Mackay Magistrates Court heard.
Malayta then hit the woman five times in the face causing abrasions to her knees and swelling and redness to both sides of her jaw.
The court heard the woman had stayed laying on the ground knowing that if she got up, he would continue to assault her.
Acting Magistrate Jon Ide called his actions “disgraceful” and “cowardly”.
The man’s lawyer, Nick Coughlan from the Aboriginal and Torres Strait Legal Services said both of them were intoxicated at the time and that the argument stemmed from him trying to leave the relationship.
He told the court his client had strong job prospects in the sugar industry and had recently began his own online clothing brand.
“He accepts his behaviour was poor and he’s remorseful for his actions,” he said.
The father of two had a history of domestic violence having served nine months in prison in 2012 for similar charges.
Now that violence was a feature in his offending, once again, prison wasn’t considered as a last resort.
“This is not your first rodeo,” Mr Ide said.
Magistrate Ide took into account Malayta’s strong work history but did not accept a character reference stating that his actions were not reflective of “who he is as a person”.
“Your criminal history suggests that this is exactly the sort of person you are,” he said.
“That all means nothing Mr Malayta if you continue to commit offences of violence and domestic violence.
“You won’t be working, you will be spending longer and longer in custody,” he said.
Malatya pleaded guilty to assault occasioning bodily harm, a domestic violence offence.
He was sentenced to 12 months prison with an immediate parole release date after serving 83 days in custody.
