Chelsea father Marcus Climo choked girlfriend as she held their 11-week-old baby in her arms
A Chelsea father who flew into a rage when his then-girlfriend lit a cigarette using the oven while holding their baby has told a court — from inside his car — he overreacted by choking and squeezing her throat.
South East
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A father who choked his partner because she lit a cigarette using an oven flame while holding their baby has escaped a conviction.
Marcus Climo was instead fined, given a good behaviour bond and ordered to complete a men’s program.
The 37-year-old Chelsea builder pleaded guilty to one charge of unlawful assault at the online Frankston Magistrates’ Court on Friday.
Four other charges were withdrawn.
The court heard at around 8pm on November 22, last year, Climo’s partner was holding their then 11-week-old baby in her arms near the kitchen oven in the Chelsea home they shared.
She leant over to light a cigarette with an open flame from the hob when Climo became enraged.
He grabbed her by the throat and squeezed for a couple of seconds before letting go.
Climo self-presented to police later and admitted he shouldn’t have attacked the woman.
He told officers he was trying to protect the baby when he grabbed his partner by her throat.
Climo said he knew he had made a mistake, and choking her was the wrong thing to do.
His defence lawyer told the court Climo was remorseful for his “extreme” actions but he had acted “in the heat of the moment” in an intention to protect the child from harm.
Climo, who appeared in the online court from inside his car, appealed for a non-conviction finding because he needs a clean Working with Children card for when he does building work in schools.
He said he had now split from the woman, but it wasn’t because of that incident.
The case was originally going to be resolved through the diversion process but Magistrate Timothy Gattuso refused that request because of the seriousness of the crime.
Mr Gattuso said even though Climo was concerned about any potential danger to the baby, his way of dealing with it simply wasn’t warranted.
“Grabbing someone by the neck and squeezing is an inappropriate way to ever respond,” Mr Gattuso said.
“It is difficult for me to accept you thought it was appropriate to grab her by the throat.
“It is concerning, it doesn’t make sense; and it is not the safest course of action for the baby either.”
He said Climo’s clean criminal record, remorse, and his self-representation at the police station were factors in his favour.
Climo was placed on an adjourned undertaking for 12 months with a condition he completes a men’s behavioural change program.
He was also fined $750.
No conviction was recorded.
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