A hearing into a domestic violence-related allegation leveled at an Albury man was abandoned on Friday after the complainant failed to show-up in court.
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Police went to the woman's house before the hearing was due to get under way, but she couldn't be found.
Police prosecutor Sergeant Kayla Borchert then had no choice but to withdraw the charge of destroy or damage property, after doubt was cast on the complainant turning up at any future hearing.
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Nevertheless, Brendon Murray's guilty pleas to assault police and enter enclosed lands without permission still resulted in him incurring two months' jail and a $500 fine.
Albury Local Court was told that Murray, 24, of Thurgoona Street, had "an extensive criminal history" of domestic violence offences involving his ex-partner.
Defence lawyer Henry Robinson argued that the assault inflicted by Murray went more towards "recklessness" than "intention".
Mr Robinson said Murray, who suffered from anxiety issues, had flung out his arm as a reflex action.
He did not intend to strike the officer, he said.
Magistrate Richard Funston disagreed.
"(Police) don't deserve to be given this kind of hard time when placing a person under arrest," he said.
"Their job is hard enough as it is."
But Mr Funston said he accepted Mr Robinson's submission that the attack was, as the lawyer stated, "not the most serious assault of police of its kind".
The court was told Murray and the woman had been in a relationship for about six years up until last October.
On January 18, about midnight, police went to the woman's East Albury house over a report she "felt scared" after Murray climbed through a window.
When there was no answer they forced entry to Murray's home, finding him hiding in a cut-out section of his couch.
Soon after, he lifted his arm while resisting arrest, knocking one of the officers to the head and chest.
Murray was released from jail on Friday, having already served the two-month sentence on remand.
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