Halekulani: Jesse Jayson Allan Leatham sentenced for ‘demeaning’ violent abuse of partner
A man who allegedly cut his girlfriend off from family, friends and social media, before assaulting her, was lucky to avoid being charged under tough new coercive control laws, a court has heard.
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A man who punched, slapped and held his girlfriend down in ‘demeaning’ acts of violence was lucky to avoid being charged with tough new coercive control laws, a court has heard.
Jesse Jayson Allan Leatham, 33, faced Wyong Local Court on Tuesday after pleading guilty to domestic violence-related assault occasioning actual bodily harm, common assault and intimidation.
The court heard the furniture removalist’s girlfriend woke him up on July 5 last year to remind him about taking their car for a service but he took offence and punched her repeatedly in a “large dragon tattoo” on her left thigh.
An agreed set of facts states when the woman stood up Leatham slapped her across the face causing her to fall down on the lounge where he held her down by the throat for about two minutes.
Magistrate Trevor Khan said while Leatham did not choke the victim — and he was not charged with intentionally choking — the violence would have been “terrifying” for her.
“I take that as a serious example of common assault,” he said.
“Being slapped to the face and then being held down is a demeaning act to say the least. It was a serious act designed to terrify the victim.
“On the agreed facts, he’s slapping her on the face and after he’s slapping her on the face he’s essentially holding her by the throat. I know it’s not a choke but it’s overbearing and controlling.”
Mr Khan said this occurred against a backdrop where Leatham had allegedly cut the victim off from her support networks just weeks before tough new coercive control laws were enacted by parliament on July 1 last year.
“After the victim moved in with the offender he made her close her social media accounts, not allowed her to go out alone or have contact with her family,” he said.
Mr Khan said Leatham was not charged with coercive control and the magistrate raised it for context as “background and nothing more”.
Five days after the first abuse on July 10 last year, Leatham threatened to kick another member of the household “in the balls” and then blocked his girlfriend’s path before “headbutting her across the bridge of her nose”.
Leatham’s solicitor told the court his client spent 127 days in custody after the second offence until he was granted bail in the Supreme Court and the injuries were “at the lower end”.
He said Leatham was remorseful for his actions and suffered from schizophrenia.
Mr Khan sentenced him to a 10-month intensive correction order (ICO) and a community correction order for two years with a total of 200 hours of community service work.
As part of the ICO Leatham is banned from taking alcohol or illicit drugs.