Tired and cranky no excuse for slapping wife's face
BEING tired and cranky after a night shift and giving up smoking was no excuse for slapping his estranged wife, a magistrate has warned a Toowoomba husband.
The 49-year-old and his wife had separated and a domestic violence order imposed by the court prohibited him from going to his wife's home or her place of work, Toowoomba Magistrates Court heard.
However, at her invitation, the man had gone to her Toowoomba home on February 4 due to one of their children being sick.
The pair had argued throughout the day to the point the man lost his cool and slapped the woman across the face causing swelling and bruising, police prosecutor Sergeant Mike Robinson told the court.
When spoken to by police, the man, who is not named to protect the identity of the victim, admitted to breaching the court order and to slapping his estranged wife once to the face.
He pleaded guilty to assault occasioning bodily harm and to breaching a domestic violence order.
His solicitor John Davis told the court is client had been immediately remorseful after the incident and fortunately none of the couple's children had seen the incident.
However, Magistrate Damian Carroll said the children would have noticed the swelling and bruising to their mother's cheek which was a result of domestic violence.
Mr Davis said his client worked in the security industry and had completed a night shift before going to his family's home and he had also been giving up smoking at the time.
His client was putting most of his wage into the two homes his family was now living in and should a conviction be recorded he would lose his job and the ability to make those payments, Mr Davis submitted.
Mr Carroll said domestic violence was very serious.
"You would be aware of the heightened community concern for domestic violence," he told the man.
Without recording a conviction, Mr Carroll placed him on two years probation to include domestic violence counselling.