Wagga carer John Cheers, 28, spared jail for assaulting partner with brain injury

A Wagga man who pleaded guilty to assaulting his disabled partner has avoided jail, with the magistrate explaining why the carer won’t be put behind bars.

John Cheers has pleaded guilty to assaulting his partner, who has a brain injury. Picture: Facebook

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A man trusted to care for his disabled partner has pleaded guilty to pushing her and causing her to fall.

John Cheers, of Mt Austin, appeared in Wagga Local Court on Tuesday, charged with assaulting his partner, who has a brain injury.

The 28-year-old full-time carer instigated an argument with the woman before pushing her and causing her to fall on to the lounge, court documents state.

Police were called to the couple’s address on Doyle Avenue about 4pm on October 30, after they became involved in an altercation.

A witness who lived next door heard the argument, according to the documents.

Later that night, police arrived and arrested Cheers who later admitted: “I pushed her with two hands”.

John Cheers, of Mt Austin, appeared in Wagga Local Court on Tuesday, charged with assaulting his partner, who has a brain injury. Picture: Michael Frogley

In court, defence solicitor Hermione Nicholls argued for leniency based on his remorse, need to support his family and decreased offending since 2013.

She also said the assault was at the lower end of the scale and that Cheers has sought help with mental health issues after being diagnosed with depression.

“This (assault) was a spontaneous and quick act. He’s displayed significant remorse,” Ms Nicholls said.

“Mr Cheers was so disgraced by his behaviour (towards the victim).”

Magistrate Christopher Halburd sentenced Cheers to a 12-month community corrections order.

“Normally, there’s a provision in the Crime Sentencing Procedures Act that says that in relation to domestic violence matters, you should send people to jail unless there’s something more appropriate,” Mr Halburd said.

“It sounds to me like after you went to jail (for previous offences), you really have turned your life around.”