Assaulting partner over breakfast lands man in jail
A MAN who launched a vile assault on his partner over breakfast has been jailed for 13 months.
Grafton Local Court sentenced Kenneth Bytheway, who has addresses at both Ulmarra and South Grafton, for his assault on his partner and mother of their seven-month-old child on January 21.
Police evidence showed Bytheway, 42, began his humiliating tirade shortly before 6am at South Grafton, when he castigated his partner for eating too much food and not contributing enough money to the household.
He began tearing up pieces of bread and throwing them at her while shouting at her and calling her a number of degrading names.
He then pushed her to the ground, which caused her to grab his singlet, tearing it.
He continued to stand over and shout at her which woke the woman's 17-year-old son, who intervened.
Bytheway retreated to the garage while the son called the police. Bytheway left for work and was absent when police arrived and interviewed his partner about the attack.
In court on Monday solicitor Greg Coombes argued his client's assault was at the low end of the level of seriousness and did not warrant fulltime custody.
"It was a matter of he grabbed her, she pulled his shirt. There were no injuries to speak of," Mr Coombes said.
Mr Coombes said his client did not want to be considered for community service because of family commitments.
He admitted his client had been a regular drug user, but had completed a methadone program and had been free of drugs for some time.
Mr Coombes said Bytheway had a problematic record with some issues of violence, but there had been a significant time without offending.
Magistrate Roger Prowse was impressed Bytheway appeared to have kicked his drug habit, but found the domestic violence offences to be humiliating and offensive, particularly with children around to witness them.
"You say it was a bit of pushing," he said.
"I would call it humiliating, disgusting and offensive with you standing over her shouting a continuous tirade of abuse."
Mr Prowse said Bytheway's delayed plea of guilty indicated to him he did not have the necessary level of remorse for his actions for a bond to be an effective sentence.
He found for there to be an effective specific and general deterrent for these type of offences, full time custody was necessary.
He sentenced Bytheway to 13 months' jail with a six-month non-parole period.
Outside the court, Mr Coombes said there would be an appeal against the severity of the sentence.