A family violence perpetrator who spent 190 days in custody has successfully appealed against a jail sentence he already served.
The Timboon man, who cannot be named because that could identify the victim, was jailed for 114 days in Warrnambool Magistrates Court last year but had served 191 days in custody awaiting sentencing.
He appealed against the severity of that sentence this month and on Thursday was re-sentenced to a 12-month community correction order.
The man must undergo assessment and treatment for drug abuse and be under the supervision of the state.
The jail sentence will no longer appear on his record.
Judge George Georgiou didn't impose any unpaid community work, stating the time the man spent on remand in custody constituted a "significant punishment".
He said the man served more time in custody than he was ultimately sentenced to and had been transferred between a number of adult prisons, serving 28 days in quarantine or isolation.
The court heard the man was arrested last year after repeatedly assaulting his then-partner, at times when their infant child was present.
On one occasion in July, the man and the victim had an argument and a scuffle took place.
The man grabbed the victim by the head and pulled out a handful of hair.
The victim was left with numerous bruises and scratches to her arms, body, feet and leg.
The court heard the pair often stayed together at his home despite an intervention order prohibiting contact.
During a police interview, the man said the orders were a "f***** joke".
During the appeal hearing, the court heard the man was diagnosed with Autism Spectrum Disorder.
His lawyer said her client suffered a loss of control over behaviours, reduced insight and inability to understand consequences.
She said the offending occurred in the context of that disorder.
In sentencing, the judge said he had taken into account the man's participation in an existing correction order which commenced in January and involved a men's behaviour change program.
If you or someone you know is impacted by sexual assault, domestic or family violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au. In an emergency, call 000.
Emma House is a Warrnambool-based not-for-profit service and can be contacted through 1800 EMMADV (1800 366238) or visit emmahouse.org.au/
Safe Steps for women after hours service is available through 188 015 188.
Brophy Family and Youth Services can be contacted on 1300 BROPHY or 03 5561 8888.
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