Willoughby man Steven Averty pleads guilty to one count of intentionally choking without consent

A Sydney real estate agent, who placed his ex-girlfriend in a headlock before she blacked out, has lost a bid for his charge to be dealt with on mental health grounds.

Steven Averty leaves court on Thursday.

A French national, who put his former girlfriend in a headlock, causing her to lose consciousness, has lost his bid to have his charges dealt with on mental health grounds.

Willoughby 29-year-old Steven Averty faced Downing Centre Local Court on Wednesday, after pleading guilty to one count of intentionally choking without consent.

The court heard Averty, who is trained in martial arts, “impulsively” placed the woman in a headlock after she dumped a pile of dirty dishes in his bed during an argument.

Reading from a police fact sheet, Magistrate Rami Attia said the woman woke in a “disoriented state” to Averty “nursing her head” after Averty had “put his arm around her neck”.

Several hours later they went to the emergency room over concerns for her loss of consciousness.

Steven Averty leaves John Maddison Tower on Thursday

The couple parted ways for good soon after.

On Wednesday, Averty’s defence lawyer applied to have the charges dealt with on mental health grounds, with no conviction but the requirement he partake in treatment for depression, ADHD and anxiety.

Averty will return to court for sentence.

The solicitor also said the woman started the argument by hitting Averty several times and he had tried “multiple times to de-escalate non violently”.

“It all occurred in the breakdown of a relationship – anxiety and depression impaired his decision making, which I submit it highly out of character,” the lawyer said.

The lawyer also said Khoury had “deep remorse and sadness” for what had happened, with a low risk of reoffending, a clean record, prosocial ties, and glowing character references.
“The best way to deal with him is to rehabilitate him and of course indicate the seriousness of what he’s done and direct him to positive and constructive avenues,” he said.

“He’s a young professional man looking to build his life and become a contributing member to the Sydney community,” his lawyer said.

Ultimately, Mr Attia dismissed the mental health application, stating the matters were “too serious for that to occur”.

The matter was adjourned to August 20 for Averty to receive a sentencing assessment report.