Mervyn Jaragba loses appeal over Mindil Beach choking attack on ex-partner

A man who dragged his ex through the streets of Darwin and attacked her new boyfriend in a fit of ‘jealousy’ has lost his bid for a lighter sentence.

A man who dragged a terrified woman from her bleeding partner before choking her in a broad daylight assault has lost his bid for a lighter sentence.

On Wednesday the Supreme Court rejected an appeal to reduce the sentence of Mervyn Jaragba after he bashed his ex’s new partner, before dragging her away and choking her.

In February, he was sentenced to five years in prison after pleading guilty to two counts of aggravated assault, choking and breaching his domestic violence order.

Jaragba attempted to argue his sentence was “manifestly excessive”, but Justice John Reeves rejected his claims given the toll of domestic violence on the community.

Justice Reeves said Jaragba was “jealous” when he attacked his ex-partner, who he previously had a 13-year relationship with.

They had been separated for 10 months when he came across his ex and her new boyfriend in a Fannie Bay park at 4pm on November 7, 2023.

Justice Reeves said the then 38-year-old man started yelling and swearing at his ex’s new partner, who in response marched up and punched Jaragba.

Jaragba then threw the other man to the ground before repeatedly punching him to the face.

It is not alleged the other man was charged with any wrongdoing.

After bashing her boyfriend, Jaragba forced his ex-partner to follow him to Mindil Beach more than 3km away.

“She did not want to go with him but because he was drunk and was threatening her, she was too scared to say ‘no’,” Justice Reeves said.

On Wednesday the Supreme Court has rejected an appeal to reduce the sentence of Mervyn Jaragba. Picture: Jason Walls

Once there, Jaragba tried to force the woman to resume their relationship, but when she rejected him, he started to choke her.

“His grip was so tight that she could not breathe. Thereafter he kicked her twice in the stomach and either punched, or kicked, her right eye,” Justice Reeve said.

The court heard at that moment his victim thought she would die, and was later treated for a fractured right eye socket.

Justice Reeves said choking was a high risk factor for intimate partner homicide and could lead to “lethal outcomes in domestic violence situations”.

Yet Jaragba was released from custody on the same day as the attack, and just 11 days later again breached his domestic violence order by repeatedly calling his victim and threatening to “put her in the intensive care unit”.

Justice Reeves heard Jaragba had “a disturbing history of similar offending”.

“(He) had offended almost every year since 2006 and that this offending included four prior convictions for aggravated assault, three of which were against females and involved the use of weapons,” Justice Reeve said.

He heard there appeared to be no attempt to address Jaragba’s “obvious alcohol abuse issues”.

Justice Reeves said the toll of domestic violence on the Territory was vast, from causing death and disability to victims, stress on frontline workers, strain on the correctional system, and the high rates of recidivism among offenders.

“The consequent corrosive effect that all these consequences have on the wellbeing of the community at large,” Justice Reeve said.

The appeal was dismissed by Justice Reeves, with Jaragba to continue his five year sentence.

He will be eligible for parole after three years in prison.