David James Stuart convicted of common assault, domestic violence related

A Lismore flood hero pulled his ex-partner’s hair and hit her in the face after a day of drinking. Read what drove him to lose control.

David James Stuart leaving Lismore court house.

A Lismore flood hero has been convicted for bashing his ex partner after a day of drinking turned sour.

David James Stuart, 60, pleaded guilty to common assault domestic violence related at Lismore Local Court on Wednesday, October 19.

Stuart and the victim had been at the Eltham Pub on September 18, and returned to Stuart’s Wyrallah home and continued drinking, police facts stated.

The victim and Stuart were previously in an intimate relationship, and were getting back together at the time of the offending, the court heard.

About 6pm the pair got into a verbal argument which turned into a “physical confrontation where the accused pulled the hair of the victim, hit her in the head and leg”, according to police facts.

The court heard the argument started over how the victim planned on getting home from Stuart’s house.

The victim left the house and went to the front gate of the property and called police.

“The victim appeared highly intoxicated and visibly upset. The victim stated that she had been assaulted and wanted to go home,” police facts stated.

Stuart’s solicitor, Mr McBurney, told the court his client was aware of the serious nature of his behaviour and that there was “no excuse” for it, but added that Stuart had been under a sustained period of stress after the deaths of his stepmother, father, and best friend.

The accused had been “strongly involved” in the rescue of flood victims in Lismore, the court heard.

Mr McBurney said Stuart had worked eight weeks’ straight – seven days a week – without a day off.

He had worked five days a week at his full-time job as a plasterer, and spent all of his spare time volunteering to help the flood impacted community, the court heard.

The pressure and exhaustion influenced his behaviour during this episode, Mr McBurney told the court.

Magistrate Michael Dakin told Stuart that his criminal record should have taught him that violence is unacceptable, with the accused appearing before the court seven years earlier for violence related charges.

Stuart was convicted and sentenced to an 18-month community corrections order.