Night of fear after drinks at the Clocktower Hotel

A mother thought she was going to die when her ex-partner brutally strangled her after a night out in Grafton. Read what sparked an evening of rage.

James Murray Rutherford, 25, pleaded guilty to common assault (domestic violence), Stalk/intimidate, intent to fear physical harm, etc, assault occasioning actual bodily harm, contravene AVO, damage property and possess prohibited drug. Picture: Facebook

A man brutally strangled and attacked the mother of his child after he was accused of cheating.

James Murray Rutherford, 25, pleaded guilty at Grafton Local Court to common assault (domestic violence), stalk/intimidate, assault occasioning actual bodily harm, contravene apprehended violence order (AVO), damage property and possess prohibited drug.

Facts state Rutherford and the victim (his ex-partner) were drinking at the Clocktower Hotel in Grafton on March 4, 2022.

The victim had an AVO to protect her from Rutherford since 2020.

A disagreement broke out when the victim accused Rutherford of cheating.

The victim went home at about 2.30am – but was woken three hours later by Rutherford yelling outside her front door.

James Murray Rutherford. Picture: Facebook

“Open the door, let me in,” Rutherford yelled, according to tendered facts.

“If you don‘t let me in, I’ll kick it in,” he said.

Rutherford barged through the door and “went off”, acting aggressively, according to documents.

“You wanted to talk. You wanted me - here I am,” he said.

Rutherford pushed her onto the bed, struck her several times in the face with a pillow, before pinning her down with both hands around her neck.

The victim told police it felt like he was trying to kill her.

Rutherford then threw her from the bed to the floor, causing bruises to her head and elbow.

As she attempted to get up, Rutherford pushed her and pinned her against the bathroom wall, with his hand on her throat.

The mother thought Rutherford was trying to kill her as he choked her against a wall.

After releasing her, he punched the bathroom wall three times, damaging the gyprock.

The victim began having a panic attack as she lay crying and shaking.

She attempted to walk away but was prevented as Rutherford grabbed her shoulders and pushed her against a wall, choking her.

The victim managed to kick Rutherford away, causing him to fall backward, making a hole in the bathroom wall.

Some time later, facts state the victim lay on the couch in fear, while Rutherford refused to leave.

“I’m not f**king going anywhere,” he said.

The victim told police she was in so much pain and shock that she vomited.

Later that day, Rutherford was arrested at the victim’s address and police seized four grams of cannabis.

The court heard there were other matters of domestic violence on his record against the same victim.

The magistrate slammed Rutherford for his actions.

Rutherford’s lawyer, Dylan Beneke, said his client had a “messy childhood”.

“He was exposed to domestic violence at a young age,” Mr Beneke said.

Magistrate Roger Prowse said jail was inevitable.

“The reality is, you engaged in behaviours that humiliated, berated, belittled and insulted someone,” Mr Prowse said.

“You have not grasped the seriousness of domestic violence offending if you don’t expect to get locked up for that.

“One woman dies a week in domestic violence.”

The court heard Rutherford was serving a community order at the time of offending.

“But you decided to offend again and again. A supervised order is of little benefit to you given how you treated your prior one,” Mr Prowse said.

Rutherford was sentenced to a 20-month prison sentence backdated to September 29, 2022 with a non-parole period of 10 months.