A Hamilton man who assaulted a woman at Warrnambool's Gateway Plaza two years ago has failed to have his conviction overturned on appeal.
The 31-year-old man was last year convicted of charges of unlawful assault, breaching a family violence intervention order and committing an indictable offence on bail.
He was jailed for the 74 days he served in custody on remand and released on a 12-month adjourned undertaking.
On Monday the man appealed his conviction in Warrnambool County Court on grounds he could not have been convicted on the evidence.
The court heard from a witness to the assault at Gateway Plaza in December 2020.
The victim was dragged out of the centre by the offender who then assaulted and spat on her, the court was told.
While under oath the victim said the offending didn't occur.
She claimed she walked out of the plaza and was not dragged, and that what looked like her crouching down during the assault was actually her tying her shoelace.
A lawyer for the offender said while the couple were in a "very animated, loud and public disagreement", Judge Gregory Lyon could not be satisfied beyond reasonable doubt that the assault happened.
She told the court the witness wasn't a liar but was mistaken about what she observed.
Judge Lyon said the victim's evidence was unreliable and coloured by her desire to help the offender.
He said the victim chose her words carefully when giving evidence that the man was frustrated and not angry.
"Yet there was a scene sufficient to cause a large crowd around them," he said.
"And the scene caused sufficient concern for someone to call the police."
The judge said he was satisfied the charges were proven. The offender must complete a men's behaviour change program.
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Jessica Howard
Email: jessica.howard@warrnamboolstandard.com.au
Email: jessica.howard@warrnamboolstandard.com.au
