A Portland man on remand for assaulting his former partner called her from jail and urged her to lie to the police, a court has heard.
The 43-year-old man, who cannot be named because that could identify the victim, pleaded guilty in Warrnambool Magistrates Court on Monday to contravening and persistently breaching a family violence intervention order.
A single charge of attempting to pervert the course of justice was withdrawn.
The man was convicted and jailed for three months.
The court heard the man was in custody at Port Phillip Prison in April last year after being remanded on charges of recklessly causing serious injury to his then partner.
The charge related to an incident on February 8 that year when the offender punched the victim to the right eye socket, causing her eyelid and surrounding tissue to swell and close over.
He was later jailed for 17 months with a non-parole of nine months after successfully appealing a sentence of 24 months' jail.
On Monday the court heard the man rang the victim in April last year while in custody on remand.
He asked her to get him out of jail by lying to police, stating she hit him first and he acted in self defence.
The victim refused.
The man rang the victim on multiple occasions under the name of another inmate.
Joshua Bruzzichessi, representing the man, said the charges of breaching the intervention order were laid after the assault matter had been finalised and totality weighed "quite heavily" in sentencing.
The principle of totality applies where an offender is being sentenced for multiple offences.
Mr Bruzzichessi said his client was released from custody on April 22 this year and had since been trying to "find his feet and put all of this behind him".
He said the man had prospective employment opportunities and urged the court to consider a fine or community correction order.
But prosecutor Nicholas Mutton said the man had previously breached correction orders and further jail time was appropriate.
Magistrate Nunzio La Rosa said there was clearly an issue for specific deterrence and that a monetary punishment was "not on the cards".
The man is expected to lodge a notice to appeal the jail sentence.
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Jessica Howard
Email: jessica.howard@warrnamboolstandard.com.au
Email: jessica.howard@warrnamboolstandard.com.au
