Benjamin Garry Currie: Maclean man sentenced for domestic violence assault

After a day of heavy drinking, a northern NSW man lashed out at his partner, punching her in the head and causing her to land in the gutter outside a bottle-o.

Maclean Local Court

A Clarence Valley mechanic who lashed out as his partner after a day of heavy drinking, leaving her sitting in the gutter outside a bottle shop, claims he was too drunk to remember.

Benjamin Currie, 45, fronted Maclean Local Court on Thursday, pleading guilty to two counts of common assault.

Currie was in an on and off again relationship with the woman from Taree at the time of offending, according to documents tendered to court.

She frequently visited Yamba to stay with Currie at his relative’s home in Ngaru Village.

The couple “had been drinking all day” and were “arguing loudly” on March 13.

“(Currie’s) mother has demanded they leave her home … (and) somehow the couple made their way to Maclean and (Currie) has continued drinking,” police facts state.

Benjamin Currie leaving Maclean Local Court.

A number of Maclean residents were concerned about the couple and phoned police.

Officers soon found the pair walking near Mclaughlin Park and the victim stated she was catching a bus to Grafton, while Currie was heading to a residence in town.

Police left the pair but soon received another call for assistance from Maclean’s IGA Liquor store around 7pm, the court heard.

“Police arrived a few minutes later, observing the victim standing with two male staff members,” the documents state.

“The victim briefly explained (Currie) had pushed her causing her to stumble backwards and end up sitting on the gutter outside the liquor store.

“He then stood over her before making a kicking motion towards her head causing her to fear she would be kicked, so instinctively covered her heard with her arms but did not feel the kick connect.”

Benjamin Currie.

The victim did not provide a formal statement to police but they gathered statements from witnesses who noticed what happened.

“One witness stated he saw (Currie) punch the victim with a closed fist to the right side of her head causing her to stumble backwards and end up sitting on the gutter,” police facts state.

“The other witness stated he saw (Currie) kick out with his right leg, towards the victim’s head area, while she was sitting on the ground, but (he) was unsure if the kick had connected with the victim.”

Defence lawyer Katarina Duncan told the court Currie did not remember the incident, but was pleading guilty anyway.

She said Currie was exposed to alcohol and experienced alcohol-fuelled violence from a young age.

Ms Duncan told the court Currie had stopped drinking and his new partner did not drink much.

Magistrate Juliana Crofts said she believed Currie was remorseful for his actions and she acknowledged large gaps in his criminal history.

She convicted Currie of both offences and sentenced him to serve a 12-month community corrections order.