‘Darkest day’: No jail for Pakenham truckie who punched his wife in fight over wet phone
A Pakenham truck driver who punched his wife in the head several times during a fight over a wet mobile phone has managed to avoid jail.
South East
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A Pakenham truckie who punched his wife in the head in a fight over a wet mobile phone has escaped a jail sentence.
Shannon John Rutland was instead given a good behaviour bond and ordered to pay a hefty donation to the court fund.
The 41-year-old said when he attacked the woman, his second wife and mother of their baby daughter, it was “the darkest day of my life”.
Rutland pleaded guilty to three assault-related charges at Dandenong Magistrates’ Court on Friday.
The court heard at around 7.30am on February 25 this year Rutland was having a shower when his partner handed him her phone.
But the phone got wet, fell to the floor, and the woman got angry and abused Rutland before punching a hole in the wall.
She continued to shout at Rutland and he became aggressive, punching her in the head around six times.
He also picked up a chair and lightly hit her arm with it, and then threw a beer bottle, which narrowly missed the woman.
Police were called and he was arrested, telling officers his “anger and frustration” had got the better of him.
He said the woman had constantly verbally abused him and for years he had struggled to deal with their relationship, which had now ended.
His defence lawyer said Rutland was extremely remorseful and knew he had acted appallingly on that day.
She said he immediately undertook counselling and began a men’s behaviour change program.
She said he accepted that he shouldn’t have “lost control” no matter how difficult their relationship was.
This was the first and only time he had faced a court, she said.
Magistrate Costas Kilias said Rutland was very close to being jailed.
He said if it wasn’t for his excellent referees — to which Rutland had fully divulged the details of his offending — his lack of criminal history and genuine acceptance of his offending, he would be spending time behind bars.
“In any other circumstances for this unforgivable act…. I would have had little hesitation in imposing a term of imprisonment,” Mr Kilias said.
“I know you understand this will be the only occasion of such an event.
“You must not forget how close to jail you came today.”
Rutland was placed on a 12-month good behaviour bond with conditions he pay $1000 to the court fund and complete the men’s program.
No conviction was recorded.
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