A PORTLAND man who asked his ex-girlfriend if she was happy after he was sentenced to 14 months’ jail for a brutal and cowardly attack on her has had his sentence reduced.
Leigh Courtney Smith, 29, appealed against the severity of the jail sentence imposed in the Warrnambool Magistrates Court during July after he pleaded guilty to recklessly causing injury.
He was sentenced to 14 months’ jail with an immediate eight months to serve.
This week Smith, of Edgar Street, had the appeal heard in the Warrnambool County Court.
Judge Bill Stuart snipped two months off Smith’s sentence.
He imposed 12 months’ jail with six months to be suspended for 18 months.
On January 22 last year Smith went to his sister’s engagement party where the victim, Smith’s former partner, was.
Judge Stuart said that early the following morning Smith decided to find his ex-partner.
He said Smith rang the victim, who unwittingly told him where she was.
Judge Stuart said what followed was a vicious and prolonged attack.
Smith grabbed the woman’s head in both hands and pushed the back of her head onto concrete and threatened to kill her.
He then punched her head and face a number of times.
Judge Stuart said the most cowardly part of the attack followed when Smith kicked the woman in the head.
She pretended to pass out but after a short time she opened her eyes, Smith saw her move and kicked here head and ribs.
Judge Stuart said it would have seemed a relentless attack to the woman who was the mother of Smith’s children.
He said Smith had a calculated plan to find and attack the woman.
The judge said women were entitled to go about their business without being assaulted by former partners.
The court heard Smith had a prior conviction for breaching an intervention order in 2008 that involved the same victim and in October 2010 was fined $2000 for recklessly causing serious injury to an off-duty police officer.