A magistrate has disregarded the indecent behaviour part of a Thurgoona man’s assault case in sentencing him to a good behaviour bond.
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Tony Murray told Sajit Verma that the police facts included details of him forcing a kiss on to an older family friend.
But he said this was not what constituted the common assault charge so he had no choice but to totally ignore these details.
Albury Local Court was told Verma had drunk at least 30 standard glasses of fortified wine when he pulled the woman’s head towards him, kissed her and stuck his tongue in her mouth.
They were seated on a couch in Verma’s lounge room watching a movie, the defendant’s wife having already gone to bed.
The 49-year-old, who was close to tears as he appeared before Mr Murray, pleaded guilty to a single charge of common assault.
Defence solicitor Mark Cronin said the incident “relates to a significant consumption of alcohol”.
“In relation to the assault, no injuries occurred,” he said. His client was “clearly remorseful” and “accepts it’s an aberration”.
Mr Murray said he was greatly surprised that Verma had not also been charged with indecent assault as this was something “that quite clearly” was revealed “when you look at the statement of facts”.
Verma was convicted and fined $400 and placed on an 18-month good behaviour bond.
The court was told how the victim, 58, had been close friends with the defendant and his wife for 15 years. That came about after working as the special needs teacher for the couple’s non-verbal autistic son from 2002 to 2006.
The victim traveled to Thurgoona on July 14 for a catch-up and the trio spent the evening drinking alcohol and eating before watching a movie. It was about 2.15am that Verma and the victim were still watching TV that he moved over on the couch and put his hand behind her neck, forcing her head towards him.
Verma told police that when he drank alcohol “he kisses a lot of people for affection”.