A YOUNG Hamilton father who savagely bashed his 21-month-old son and heavily pregnant partner has received a stiffer penalty after a prosecution appeal.
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Kyle Robert Cobby, 21, pleaded guilty in the Hamilton Magistrates Court on May 6 to false imprisonment, making threats to kill and two counts of intentionally causing injury relating to incidents in late January.
He was jailed for 103 days and was to do a 15-month community corrections order after getting out of prison.
But, after a public outcry, the Office of Public Prosecutions yesterday appealed the leniency of that sentence in the Warrnambool County Court, which resulted in a five-month jail term.
Judge Gavan Meredith said his view was that Cobby's offending was inexcusable, outrageous and could not be condoned.
He said it was serious offending due to the victims’ vulnerability and Cobby’s callous attitude during a police interview.
The judge said criminal law now placed greater emphasis on family violence and a longer jail term was appropriate.
Cobby has now spent 82 days in jail and will be eligible for release in late September when he will also have to complete a two-year CCO with conditions he complete 100 hours of community work and treatment for his issues.
Judge Meredith said he was mindful of the corrupt influence of prison, Cobby was still 21 years old, had no prior convictions, his time in custody had been arduous and he was now remorseful which was in stark contract to his police interview.
Cobby’s son suffered about 60 unexplained bruises, which an expert said were not caused accidentally.
He also hog-tied his 19-year-old partner, who was 37 weeks’ pregnant, before she escaped with their child to a neighbour's and raised the alarm.
On Tuesday Crown prosecutor Justin Lewis said Cobby committed the offences against his partner and their son at Hamilton on January 27 and 28.
Cobby put a belt around the woman's neck, she tried to get away by digging her nails into his ribs and he punched her twice to the mouth and three times to an eye before dragging her into a bedroom.
He blamed the woman for his actions. They had been in an on-and-off relationship.
The next morning the woman picked up their child and brought him into their bedroom before she went into a bathroom to check on her injuries.
Cobby asked did the woman want her whole face smashed in.
He then told his son to shut up and smacked him twice before he put the toddler in a cold shower.
The boy was crying and screaming and Cobby continually smacked the boy.
He then threatened the woman and used a neck tie to bind her hands and feet and told her to stop crying or he would put a belt in her mouth.
The woman was able to eventually free herself, went to a neighbour's then to hospital seeking treatment after which police became involved.
During a recorded telephone conversation with the woman, Cobby admitted punching her and hitting their son and during an interview with police he threatened to kill the woman.
In the police interview he denied hitting the woman and his son.
The maximum penalty for each of the charges of intentionally causing injury, false imprisonment and making threats to kill is 10 years' imprisonment.
Mr Lewis said there needed to be a balance between the rehabilitation needs of the 21-year-old Cobby , who has no prior convictions, and the serious nature of the offending.
He said Cobby's 37-week pregnant partner and 21-month-old son were defenceless and vulnerable which were “very significant” aggravating features.
The prosecutor said the crimes warranted a considerably longer term of imprisonment.
Cobby's defence counsel Bradley Newton said that his client had not seen his son since the offending, had never seen his new-born daughter and his former partner had tried to contact him a number of times.
He said Cobby was remorseful and had been using ice for two weeks before his offending.
Mr Newton said when Cobby and the woman had got back together there were issues of trust which ran very deep.
He said after watching his interview with police, Cobby couldn't believe the way he behaved and he couldn’t cope with using ice.
The barrister said what his client had experienced in jail was unforgettable.
