Friday, 20 January 2012
A WHAKATANE man who choked his partner then left her lying naked in daylight in the street has been jailed for seven months.
In the Whakatane District Court yesterday first-time offender Stuart Peter McMahon, 31, was sentenced on a charge of injuring with intent.
The charge attracted a maximum penalty of three years in prison.
Judge Robert Wolff said the assault began mid morning on November 21 with an argument at the couple’s home.
The judge said McMahon became enraged, believing she had been unfaithful.
He grabbed her throat with both of his hands and squeezed, choking her.
Holding her by the throat, he hauled her outside.
He elbowed her head and she fell to the ground, hitting her head on a wooden fence.
The judge said McMahon dragged her to the middle of Barry Avenue and pulled off her only item of clothing – a towel.
He told a witness to call police as he knew they would be the only ones who could stop him.
The victim had no lasting injuries but suffered soreness to her head, throat and body, Judge Wolff said.
Lawyer Gene Tomlinson fought against a prison sentence, arguing for home detention.
His client had no history of violence, despite gang connections, and had strong family support.
A report by Community Probations on his client was positive and said McMahon had a deep insight into his offending and was very remorseful.
McMahon had completed a culinary arts course and wanted to be a chef.
Mr Tomlinson said the grandfather of the victim had offered his home as a home detention address.
Judge Wolff was concerned the effect that arrangement could have on the victim, who could not be contacted by the court for her opinion.
“Allowing the defendant to reside with a willing member of her family is to re-victimise her.”
Mr Tomlinson feared that, in prison, gang members could have more influence over his client, leading to further offending.
“Is this a man who we want to introduce to the prison environment or is this a man we can engage in rehabilitation?”
Judge Wolff gave McMahon credit for his early guilty plea, the absence of prior convictions and for having the temporary foresight to have police called.
He said the choking was the most serious part of the attack.
“Choking is perhaps the most psychologically terrifying form of physical abuse.”
That was coupled with the humiliation of being left naked during the daytime on a public street.
He set parole conditions for six months after the sentence ended.