A Warrnambool man who pushed a woman onto a bed and choked her until she could no longer breathe or talk has avoided a jail sentence.
Stephen Lyon, 34, pleaded guilty in Warrnambool Magistrates' Court on Monday to recklessly causing injury and criminal damage.
The court heard that on December 13 last year, Lyon was drinking with work friends at a property in Warrnambool.
He attended the female victim's home about 1am and an argument started.
The victim rang a taxi and asked Lyon to leave the property but he refused.
The court heard Lyon grabbed the victim, pushed her into her daughter's bedroom and pinned her to the bed.
He placed his hands on her neck and squeezed until she could no longer breathe or talk, the court heard.
Lyon then broke the woman's mobile phone by smashing the screen with his thumb.
When a taxi arrived at the house, the victim ran outside and urged the driver to contact police.
Officers attended the property and observed bruising and red marks on the victim's neck.
The court heard the victim appeared distressed and upset.
Lyon was interviewed by police on December 14, stating he had been drinking the night before and couldn't remember parts of the evening.
He told police he couldn't remember choking the victim and that he "couldn't believe (he) would do something like that".
Lawyer Xavier Farrelly said it was the first time his client had appeared before the court.
He said Lyon had no criminal history, had abstained from alcohol since the offending and was "extremely remorseful".
He said Lyon was undergoing the Men's Behaviour Change program until it was suspended earlier this year due to coronavirus.
"(Lyon) is extremely remorse and is motivated to make long-term change," Mr Farrelly said.
Magistrate Mark Stratmann said the offending took place in the victim's home where she should have felt safe.
"As soon as I started hearing the (police) summary, the question in my mind was 'how long should this man go to jail?'," he said.
"You pushed the victim onto a bed and put your hands around her throat. I'm sure she would have experienced trauma and fear."
Mr Stratmann said alcohol abuse did not reduce the man's culpability but accepted he had taken positive steps to change his behaviour.
He placed the man on a 12-month community correction order with 100 hours of unpaid community work.
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