A TERANG man accused of kicking his wife in the head as she knelt down looking for a book has been jailed for one month.
Darryl James Norris, 35, of Emeny Street, pleaded not guilty in Warrnambool Magistrates Court to recklessly causing injury yesterday.
He was found guilty by magistrate Jonathan Klestadt and jailed for one month with a further two months’ imprisonment suspended for two years.
Mr Norris was released on bail late yesterday after lodging an appeal.
Mr Klestadt said domestic violence must be condemned at every level and these was no justification for committing violence against a person a defendant was suppose to care about. He said Mr Norris’ wife was no threat to him, she was in a vulnerable position when assaulted and the attack must have caused significant physical and psychological damage.
Mr Norris’ wife told the court she had known Mr Norris for four years and they were married for three years when she claims to have suffered a blow to the face on April 15 this year.
She said that at the time she and her husband were living in separate bedrooms in their home.
She said at 11am she was outside with her dogs when she heard Mr Norris calling her as he was looking for a book.
The victim said she was kneeling down next to a chair when she felt a blow and her nose started bleeding. She was not sure if she had been kicked or hit.
“I was kneeling on the floor in the lounge room. I was right next to the chair with my hands to my side thinking ‘where is this book’,” she said.
She said she felt contact to the bridge of her nose. “I knew he was not happy. He sounded annoyed because he had been called in to work. He was not happy. There was only Darryl and myself in the home,” she said.
“My nose was still bleeding half an hour later.”
Under cross-examination from defence counsel John Lavery, the victim agreed she did not see what caused her pain to her face.
“I was too shocked. Something hit my face. I knew it was either his steel-capped boots or his hand.”
The magistrate said there was no doubt the injury occurred and he was satisfied that was caused by a deliberate action of Norris in circumstances of domestic violence.