An Altona man has been sentenced to do 200 hours unpaid work within two years after pleading guilty to attacking the mother of his two children with a sword after using synthetic cannabis.
A psychiatric report tendered in the County Court stated the defendant spent six days in the Sunshine Hospital psychiatric unit, prior to offending, but had little formal psychiatric history.
In a report to the court, consultant psychiatrist Lester Walton said it was highly likely the defendant was in the grip of an acute paranoid psychosis at the time of offending.
Addressing the defendant, Judge James Montgomery said he agreed with Mr Walton that drug and alcohol rehabilitation was a high priority and noted that the defendant had gained employment and had good prospects of rehabilitation.
The court heard the defendant had prior convictions for drugs and assault and had been sentenced to three-and-half years’ jail for unlawful assault.
The court also heard that the man had two young children with the woman he assaulted, who has resumed living with him.
Judge Montgomery said general deterrence was an important sentencing consideration in the case. “General deterrence means the community expects the courts to send a message to men not to attack women, and if they do, they will suffer serious consequences,” he said.
“I am on record, in similar cases of men attacking women, in expressing my abhorrence of this type of behaviour, and I do so again. Your behaviour here was dangerous and appalling. You could easily have killed [the victim] in the state you were in.”
The victim gave evidence the defendant had used synthetic cannabis before, but it had not previously affected him as it did when he offended.
Judge Montgomery said: “I find that your moral culpability is reduced by reason of this psychotic state, as there is no evidence that you had an awareness that your use of synthetic cannabis might trigger a psychotic reaction. Your behaviour here was bizarre and inexplicable. [The victim] spoke in a positive term of a family relationship. She is confident you will not reoffend. She appeared to me to be a level-headed, realistic and sensible person, fully aware of the consequences of her decision to rejoin you. She did not seem to me to be blindly supporting you.”
Judge Montgomery said even though the defendant’s actions were “dangerous and appalling”, he had been assessed as having a low risk of reoffending. The defendant was ordered to undergo mental health and drug treatment, including testing for drugs and alcohol.
