During an argument, 34-year-old James Hulse got angry over a piece of rubbish he found on the floor.
The Magistrate’s Court heard that he poured out a tub of sweets in anger and then put both hands round his partner’s neck while she was holding their 18-month-old child, and held it for about five seconds before leaving the property.
Although she didn’t lose consciousness, the incident scared her, leaving her in shock and tears. She called a friend who told her to call the police. When she did not, her friend called the police on her behalf.
The victim and her children were all examined and did not need medical assistance.
While police officers were at the property, Hulse returned home and was arrested. He made further derogatory remarks towards his partner and sought to minimise what had happened. The victim was distressed but had no visible injuries.
During interview, Hulse said the disagreement began before he was due to leave for work, and his partner had asked him why he was so miserable.
The defendant said he ‘just lost it’ and acted out of frustration.
He told police: ‘If she said that’s what happened she must be right.’
He also admitted to stamping on a vacuum.
Hulse was granted bail, but breached it when he contacted the victim via message, and had been remanded in custody since January.
Defending, Advocate Sam Steel said his client shared his apologies and remorse to the complainant and the court.
He said that Hulse understood that domestic abuse was treated seriously, particularly when children were present. The impact of their experience might not be known for some time.
Advocate Steel said he was not excusing the actions of his client, but said that the relationship had been strained for a while and Hulse was struggling with overcrowding, with eight people living under one roof.
He acknowledged he needed help to deal with his stress and anger.
Hulse had no similar offences on his record. A victim impact statement summarised to the court said that she had struggled with anxiety since the incident, relying on her mum when it came to daily tasks such as collecting her children from school, and did not feel comfortable leaving the house.
She said that Hulse had previously made threats to her life, and she was worried that one day he might see it through.
Judge Gary Perry gave Hulse credit for his early guilty plea and treated him as having previous good character.
He described the defendant’s behaviour as ‘disgraceful’ and said he showed no control, and noted he may have also caused ongoing psychological impact on his children.
Hulse was sentenced to 120 hours of community service as a direct alternative to three months in prison and was made subject to a two-year probation order.