A FORMER Warrnambool man, with a history of offending, who grabbed his partner by the throat during another drunken argument has been jailed for 15 months.
Darren Wayne Bandman, 39, now of Lara and previously of Pecten Avenue, pleaded guilty in Warrnambool Magistrates Court yesterday to unlawful assault and causing criminal damage.
Bandman previously served three-and-a-half years in jail for homicide after being originally imprisoned for seven years by the Supreme Court in 1993 for killing his crying seven-month-old baby son by vigorously shaking him.
Magistrate Jonathan Klestadt said the last two times Bandman had been in court for drunken offending involving his partner he had received suspended jail sentences.
Yesterday’s charges breached a three-month suspended sentence. Mr Klestadt said the suspended sentences were supposed to act as a deterrent and stop Bandman committing further offences.
He said previous suspended sentences had all been breached, resulting in Bandman spending short stints in custody.
“Here you are today for exactly the same type of offending against your partner when you were significantly affected by alcohol,” the magistrate told Bandman.
“Fortunately the injuries caused were not significant although your children witnessed the assault and one child decided to call police.”
Mr Klestadt said Bandman claimed to have had an abusive alcoholic father but repeating that domestic violence only increased the chances of Bandman’s children also being involved in such behaviour in the future. He said Bandman appeared unable to have just one or two drinks and he would be far better staying away from alcohol. The magistrate said there was no alternative but to impose a significant term of imprisonment due to the continued nature of the offending.
Bandman was convicted and sentenced to 15 months’ imprisonment with a minimum six months to serve before being eligible for parole.
Police alleged that on May 3 this year Bandman was at his home with his wife and four children. About 10.30pm an argument started with Bandman screaming obscenities at his wife before he grabbed her by the throat.
The victim threatened to squeeze Bandman’s hand which he had broken the previous day when he punched a wall. Bandman threatened “to break every bone in the woman’s body”. A child called police and the accused left the home, ripping a door off its hinges.
Bandman told police the door already had broken rollers and the hole in the wall was caused by a lamp falling.
Defence counsel Matt Senia said his client had worked at the May races the day before the incident and punched a wall after being told about rumours concerning his daughter.
He said Bandman broke a finger and his hand, but worked again at the races the next day despite requiring surgery because he needed the money.
Mr Senia said Bandman recalled yelling and screaming at his partner during the argument but not grabbing her.
He said the couple had been separated since May 4, Bandman had not consumed alcohol since the incident and there were no new police charges.