Dunedin District Court

‘‘HERE there were two attempts at going at her throat’’, Judge Michael Crosbie said of domestic violence he described as ‘‘cruel’’.

Two instances of strangling followed an initial act of violence. The terrified victim managed to get up and run. She was too upset to drive, the judge said sentencing Craig Patrick William Rice (36), who appeared by audiovisual link in the Dunedin District Court yesterday.

Rice had admitted single charges each of impeding breathing by applying pressure to the victim’s throat and neck, and assault in a family relationship.

Sentenced to 17 months’ jail (with six months’ release conditions), he was granted leave to apply for home detention (solely to attend a residential programme).

A protection order was made in favour of the victim.

Reviewing the facts, the judge said Rice and the victim were at Rice’s address about 9pm on February 14 when an argument began; the victim wanted images of her deleted from Rice’s cellphone.

When the victim leaned over to make sure Rice was deleting the material, he pushed her and she fell about backwards about 2m.

In the kitchen, Rice grabbed her around the neck with his right hand and squeezed to the point she could not breathe, pushing her up against the wall.

The assault was halted briefly when Rice’s phone rang.

When the victim repeated her demand that he delete the images Rice dropped his phone and, using both hands, strangled her again.

He then threw her, kicked her as she fell, and stood over her screaming verbal abuse.

The victim ran from the address. After the incident, Rice called and textmessaged her relentlessly.

She sustained bruising all over her body from the assault.

Counsel Jim Takas said Rice, who had no previous convictions for violence, had written a sincere letter of apology to the victim.

Judge Crosbie noted Rice presented to Probation as remorseful. His explanation for contacting the victim after the assault was he had hoped to reconcile with her. But he now accepted it was over.

Rice’s 12page history contained nothing for violence, the judge said. Rice had previously completed a residential programme. At the time of the current offending he had had an escalation of trust issues. He was waitlisted for ‘‘another go’’ at a residential programme.

Sentenced by Judge Michael Turner were. —

Donald Alexander Brown (33), of Mosgiel, refusing to give blood specimen, careless driving and driving while forbidden (travelling OutramMosgiel Rd, rounding corner vehicle hit gravel shoulder and became airborne, crashed into hedge; two passengers in vehicle including Brown’s 3yearold daughter; police called by motorist who witnessed crash and saw Brown walk around vehicle from driver’s side and assist trapped passengers; Brown taken to hospital by ambulance), about 5.30am, October 6, overall penalty seven months and two weeks’ jail (with six months’ release conditions), disqualified one year and one month. Judge noted Brown entered early guilty pleas; said his ‘‘shocking’’ history included four previous drinkdriving convictions.

Adam Sheford Pomana (45), appearing by AVL, unlawfully taking vehicle valued at about $3500, theft of property valued at less than $500, driving while forbidden (judge said victim drove to Moray Pl to pick up takeways, left car running, keys in ignition; Pomana got into car, drove off; police saw Pomana driving the vehicle the following day), March 13, overall penalty six months and two weeks’ jail (with six months’ release conditions). Counsel John Westgate said the offending ‘‘completely and utterly opportunistic’’. Judge accepted Pomana homeless and living on the street at the time, the offending impulsive; noted Pomana had some personal challenges and many previous convictions ‘‘but nothing like this’’.

Russell Gilbert Marsh (32), shearer, of Dunedin, appearing by AVL, breaching protection order by making unauthorised contact with protected person (on October 31 victim stated they would have no more contact; between then and November 6, there were 89 unanswered phone calls from Marsh to the victim and 75 text messages), six months’ jail (with six months’ release conditions). Judge said Marsh on release conditions at the time for breaching the same protection order, accepted he genuinely wanted to change, noted he had been in custody since February 26.

Brandan Jave Fowler (23), employed, of Dunedin, burglary (another person also involved; 12 car batteries used for collecting solar energy removed from Waihola property then taken to scrap metal yard at Dunedin and sold), about noon, October 30; drinkdriving, 535mcg (admitted consuming three premix bourbons, stated he was dropping off a friend), Taieri Rd, about 1.30am, October 25, overall penalty 200 hours’ community work (120 hours burglary, additional 80 hours drinkdriving), 12 months’ supervision, $500 reparation (burglary), disqualified six months (drinkdriving). Judge noted Fowler had no previous convictions for dishonesty, but one previous drinkdrive conviction (in March last year).